If my spouse and I got a house that is solely in my name, can I kick him out?

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If my spouse and I got a house that is solely in my name, can I kick him out?

He wants a divorce and he said he’s not going to help pay any bills at all but he won’t leave. He has kids but they aren’t mine. I want him out

Asked on May 19, 2017 under Family Law, Indiana

Answers:

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

Answered 3 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce that determines who has the exclusive right to possession, the house remains the "joint marital residence". This is true not matter whose name is on the deed. Therefore, until then you both have equal rights to occupy the premises. At this point, you should consult further with a local divorce attorney.

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

Answered 3 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce that determines who has the exclusive right to possession, the house remains the "joint marital residence". This is true not matter whose name is on the deed. Therefore, until then you both have equal rights to occupy the premises. At this point, you should consult further with a local divorce attorney.


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