If we buy a home that will only be in my husband’s name, can he kick me out of the house later in the future if the situation arises?

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If we buy a home that will only be in my husband’s name, can he kick me out of the house later in the future if the situation arises?

We have been married for 9 years with 2 kids from the marriage. We are planning to buy a home and it’s going to be in my husband’s name as my credit history is not strong enough to be included in the mortgage.

Asked on December 29, 2015 under Family Law, New Jersey

Answers:

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

Answered 5 years ago | Contributor

One spouse cannot simply throw the other spouse out. This is true no matter whose name the deed is in. Ths is because the house would still be be consided to be the "marital residence". That doesn't change until a divorce decree is granted or a separation or other legal agreemnt is entered into that addresses who has the right to possesssion of the home.
Also, in a divorce the house would be deemed part of the marital estate, so you would most have certain rights to it at that time as well.
For further information/advise, you should consult directly with a divorce attorney in your area.


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