Can he put me out of the house if he is the sole provider and the house is in his name?

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Can he put me out of the house if he is the sole provider and the house is in his name?

What are my legal rights to get access to the house?

Asked on November 21, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

I'll assume that the "he" in question is your husband. Accordingly, no matter whose name that the house is in, it is considered to be the "marital residene". Consequently, he has no right to put you out. That is until one of the following occurs: their is a legal separation agreenment covering just who can occupy the home; there is another court order of some kind which prohibits you from the premises (e.g. an order of protection because you have in some way put your husband at risk for physical harm, etc); or the final divorce decree as to ownership has been issued. In the meantime, the house is as much your legal residence as it is his.


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