If my husband wants a divorce, can I make him move out of our home?

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If my husband wants a divorce, can I make him move out of our home?

My husband told me he wanted a divorce but will not move out. No paperwork has been filed but it is clear he is done with our marriage. Is there any way that I can get him out of the home that I live in with our 2 children? Should I speak with a divorce attorney? In White County, IN.

Asked on October 11, 2010 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the exclusive right and possession to the house, there really isn't anything that you can do.  At this point, the house is still considered to be the joint marital residence.  Right now you should speak with a divorce attorney in your area directly.  Once temporary orders are issued, things will be different.  And whatever you do, do not be tempted to use a little self-help such as putting her things out in the street or even into storage.  There could be both criminal and civil penalties if you do.

Note:  If he puts you in fear for your personal physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the premises. 


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