My home is in my name and my husband will not leave

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My home is in my name and my husband will not leave

I want my husband to leave my home. I am no longer interested in being married but do not have the funds for a divorce at this time.

Asked on October 6, 2016 under Family Law, Missouri

Answers:

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

Answered 4 years ago | Contributor

Until there is a final decree of divorce or formal separation agreement in effect that states who has the right to possession of the premises, the home remains the "joint marital residence". This means that both spouses have the right to live there. This is true no matter whose name is on the deed. At this point, you should consult directly with a local divorce attorney.


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