If I just filed for divorce, can I kick my husband out now?

UPDATED: Aug 15, 2015

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If I just filed for divorce, can I kick my husband out now?

Asked on August 15, 2015 under Family Law, Indiana


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

Answered 7 years ago | Contributor

Until your divorce is finalized or there is another court order in place that stipulates just which one of you retains the exclusive right of possession and occupancy, you cannot force your husband to leave. At this point, it is still considered to be the "marital residence" '; this is true no matter whose name the deed/lease. Bottom line, he has a right to enter and stay on the premises as he chooses.

Note: The exception would be if he has put you in fear for your safety. In that case, he could made to vacate the house.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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