If my wife has title to our home and the mortgage is in her name, could she ever tell me to leave?

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If my wife has title to our home and the mortgage is in her name, could she ever tell me to leave?

Do I have any rights?

Asked on July 31, 2010 under Family Law, Connecticut

Answers:

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

Answered 11 years ago | Contributor

Although it is not the ideal situation, all is not lost.  If the property was purchased during the marriage and with marital funds and it was maintained and supported during the marriage with marital funds, 10 to 1 the court will consider it marital property for distribution in a divorce. She could ask you to leave - as any wife could ask a husband - but you do not have to go.  And evicting you would not be an option.  What you need to do is to seek legal counsel in your area as to your rights given your circumstances.  Even a slight variation on the facts above is not detrimental to your rights. Good luck.


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