If the house is in my husband’s name and we are goint to get a divorce, can he force me out now?

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If the house is in my husband’s name and we are goint to get a divorce, can he force me out now?

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Asked on February 25, 2017 under Family Law, Alaska

Answers:

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

Answered 7 years ago | Contributor

Unless and until a formal separation agreement is filed or a final decree of divorce is awarded that determines who has the right to possession and/or ownership, the house remains the "joint marital residence" (no matter whose name is on the title). This means that the both of you have the continuing right to live there for the time being. At this point, your husband has no legal right to put you out and if he attempts to, you can take legal action against him. You should consider consulting directly with a divorce attorney in your area for further advice.


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