QUESTION

Can my husband kick me out of the house he owns if we are getting a divorce? How?

Asked on Aug 25th, 2013 on Divorce - Michigan
More details to this question:
Getting a divorce after 23 years. The house is owned by my husband and his parents. My name was never put on it even though I asked several times. Can he kick me and the kids out before we have a place to go?
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6 ANSWERS

Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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No, he cannot kick you out of the house. If he has an interest in the house, so do you, even if your name is not on the deed or mortgage.
Answered on Aug 27th, 2013 at 9:03 AM

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Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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Not until you are divorced if there is no court order giving him exclusive occupancy.
Answered on Aug 27th, 2013 at 4:34 AM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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As the owner of the property, your husband and his parents would be able to seek an eviction. However, there are options within the family courts to provide you and the children a home until other financial matters are resolved. In California, you would have at least three months after the divorce is filed before he would be able to remove you from his separate property home. The community may have a financial interest in this property which would require more information and an in depth analysis to determine exactly that amount. An attorney would be able to assist you with the necessary action for you to take and determine the amount of financial interest, if any, you would have in that home.
Answered on Aug 26th, 2013 at 2:03 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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If payments were made on the house during your marriage you have a community property interest in it. If it was entirely paid for before the marriage, not so. If the house is not community property, your husband and his parents might be able to evict you as tenants. On the other hand, unless you have been abusive to your husband, he cannot force you to move out under the Family Law Statutes. I strongly urge you to meet with a family law attorney in your community to make sure you protect you and your children's rights.
Answered on Aug 26th, 2013 at 12:34 PM

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No. But you should be doing research about places to go so that you can include that information when you ask for support.
Answered on Aug 26th, 2013 at 11:49 AM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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If the two of you treated the house as the "marital home" while you were married, he should not be able to kick you out while the divorce case is pending unless you physically abuse him, or threaten him with bodily harm.
Answered on Aug 26th, 2013 at 11:20 AM

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