If my wife andI are not getting along, can she make me move out of the house?

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If my wife andI are not getting along, can she make me move out of the house?

Asked on November 25, 2011 under Family Law, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  You and your wife own the house as joint tenants with rights of survivorship, correct? Or if not then what I am really asking is if you and she bought the house together with the intent that it be the marital home.  If that is correct, then under the law you and she own it equally which means that you have equal rights. So she can not make you leave any more than you can make her leave.  But please beware.  If your wife so chooses she can start an action for divorce and ask for exclusive occupancy of the home. But then again, so can you.  But with out knowing more here about your life it is difficult to answer.  So I would suggest that you seek counsel to see what your options are.  Good luck. 


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