Will I face criminal charges if I do leave the family home as my husband demands?

UPDATED: Sep 30, 2022

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Will I face criminal charges if I do leave the family home as my husband demands?

My husband came home and decided he wants not only a divorce but wants me out immediately. I have not worked 80% of our marriage and would be homeless with no where to go. The utilities are in my name. Will I face legal charges if I don’t leave? Can he even do this?

Asked on November 25, 2016 under Family Law, Indiana


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

Answered 6 years ago | Contributor

The fact is that unless and until there is a forml separation agreement in effect or final divorce decree has been issued, the home remains the "joint marital residence". This means that both spouses have a right to occuy the premises regardless of whose name is on the deed/lease. Further, the police will not get involved in this situation since it is a civil matter.

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