If my husband threatened me with divorce and told me to leave our home, can he legally do this against my will?

UPDATED: Nov 15, 2010

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If my husband threatened me with divorce and told me to leave our home, can he legally do this against my will?

My husband and I have been married for 10 years; dated 2 before marriage. Approximately 2 years ago we relocated due to his job. I had to give up a long term career for the move. In this move he has doubled his salary and mine has dissolved as well as my retirement, etc. Lately he has been threatening me with a divorce and each time he gets angry he tells me to leave or find somewhere else to live.

Asked on November 15, 2010 under Family Law, Alabama


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

Answered 12 years ago | Contributor

No, he cannot do this. In fact, unless a court court order is in place giving him sole possession of the house, it is still considered to be the marital residence (regardless whose name the house might be in).  Prior to the final divorce decree, a court will rarely compel either party to leave the marital home until the divorce is final, except in the event of domestic violence.  Consequently, you still have a right stay in the premises - no matter what your husband says.  And if he tries to force you out either physically, by changing the locks, or otherwise, he can be held legally accountable.

Quite frankly, it time that you spoke with a divorce attorney just to go over your rights/options in the event that either one of your decide to file.

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