Is it legal for my husband to force me to move out of our apartment?

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Is it legal for my husband to force me to move out of our apartment?

Asked on January 18, 2013 under Family Law, New Hampshire

Answers:

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

Answered 8 years ago | Contributor

No, he can't do this. Untill the is a court order that states who has the right to exclusive possession of the premises, both spouses are viewed to be the legal occupants of the home. This is true regardless of whose name that the lease is in (or who is paying it). Do until a divorce is final, a legal separation agreement is in effect or there is another court order specifying who gets possession, the home is still considered to be the lawful marital residence; accordingly, each spouse has a right to live there. Therefore, no measures should be taken to put the other spouse out, such as changing the locks or removing their belongings. To do so would constitute both a civil and criminal offense.

Note: A court order for could be issued immediately to put a spouse out of the house if they put the other spouse in fear for their safety.


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