If my wife forwards all her mail fromour home to a PO Box, does she still have the right to live in the house?

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If my wife forwards all her mail fromour home to a PO Box, does she still have the right to live in the house?

The house is in my wife’s name. I would like her to leave because she has created a stressful environment creating mental abuse. Can I get her to leave the home?

Asked on September 25, 2010 under Family Law, Illinois

Answers:

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

Answered 10 years ago | Contributor

Unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the right to the house, there really isn't anything that you can do.  At this point, she house is still considered to be the joint marital residence (this is true even if she should she moves her personal belongings out).  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 she puts you in fear for your personal physical safety, then you may be able to apply for a protective order which would result in her removal from the premises. However, "a stressful enviornment creating mental abuse" would probably not qualify. 


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