QUESTION
Can a husband demand a wife to leave their home just because he is not happy anymore?
Asked on Dec 29th, 2013 on Divorce - Rhode Island
More details to this question:
Can a husband demand his wife of 13 years to leave the home immediately because he is no longer happy, only she must leave and not the children there are 2 children involved.
8 ANSWERS
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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No there is no obligation that anyone leave the home during a divorce if he is so unhappy tell him to leave. If things get ugly make sure you document any violence and secure a restraining order which would order him to leave.
Answered on Jan 02nd, 2014 at 3:34 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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No. Neither spouse can force the other from the marital home, even if the home is owned or leased by just one of the spouses.
Answered on Jan 02nd, 2014 at 3:33 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No that is cruel.. she should file for divorce immediately and get an order for status quo entered..
Answered on Jan 02nd, 2014 at 3:33 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can ask, but as long as you are on the title, you have as much right to be there as him.
Answered on Jan 02nd, 2014 at 3:33 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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In Florida, he cannot force her to leave the house. The house is just as much hers as it is his, most likely, or at least she will have an interest in the house. She does not have to leave until and unless a judge orders her to do so. If he is trying to do these types of actions, it is strongly recommended that she consult with and retain an attorney to assist her in properly determining her potential rights and options, as well as in regards to the minor children.
Answered on Jan 02nd, 2014 at 3:32 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The husband has no more rights to the children than does the wife. If she chooses to leave, there is nothing that would prevent her from taking the children with her. If she wishes to remain in the house with the children, she should file an action with the court requesting temporary possession of the family residence.
Answered on Jan 02nd, 2014 at 3:32 AM
The key words are their home, with their being the most key word. In answer to your question; probably not.
Answered on Jan 02nd, 2014 at 3:31 AM
No. See a family law attorney in your community.
Answered on Jan 02nd, 2014 at 3:31 AM