If my husband and I are just starting our divorce process, while the process is going on who has to leave the house?

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If my husband and I are just starting our divorce process, while the process is going on who has to leave the house?

We have 2 girls together; he’s the primary financial support and I take primary care of our girls. Our house is in his name. He also has family all over town while I have none.

Asked on December 29, 2015 under Family Law, Ohio

Answers:

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

Answered 5 years ago | Contributor

Until your divorce has been finalized or there is a separaion or other formal agreement that addresses who has the right to occupancy, the house remains the "marital residence". This means that legally you both have equal rights to occupy it; this is true regardless of whose name the title is in.


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