QUESTION
Can my wife evict me from our home before the divorce? How?
Asked on May 11th, 2015 on Divorce - Washington
More details to this question:
My wife started a divorce proceeded and wants to evict me. The courthouse said it would be 2 months to get a hearing. However she does not want me here that long. Both of our names our on the title to the house, can she legally make me leave? I do not want a divorce, I would like to try family counseling. She wants to file with irreconcilable differences. What can I do?
8 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
she cannot evict you if your name is on the title without an order of the divorce court
Answered on May 12th, 2015 at 10:56 AM
You cannot force your wife into marriage counseling. Similarly, she can't throw you out of the house without a court order. Generally, there has to be proof that she has suffered emotional or physical abuse at your hand or that she is in fear of it in order to get a court order for you to vacate the house.
Answered on May 12th, 2015 at 12:19 AM
Alimony Attorney serving Rockville, MD
at
Law Offices of Aimee C. Robbins
Update Your Profile
No unless she obtains a Protective Order against domestic violence. You won't get a divorce unless the two of you have lived separate and apart for one year.
Answered on May 11th, 2015 at 5:55 PM
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
You two are divorcing. You need to act like it. One or both of you needs to move out and one may need to pay support for the other.
Answered on May 11th, 2015 at 5:54 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
Not very much. You can seek a hearing on a temporary order in which you seek the temporary but exclusive use of the homestead but you will have to show some very good reasons why you should have it and not her. Consult an experienced family law attorney. They can be very good at helping you make the best case, and protecting your interests. If a spouse wants a divorce in this state, she gets it. Good Luck.
Answered on May 11th, 2015 at 5:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally she will not be able to evict you from the home without a order of the court if both of you are on the title. It is clear that you do not understand either your rights or your obligations and therefore it would be extremely wise for you to engage an attorney for at least an hour or two to determine what they are.
Answered on May 11th, 2015 at 5:27 PM
No, she cannot evict you or otherwise make you leave at this time. As the process proceeds, you will have an opportunity to negotiate who will take the home and under what conditions, along with everything else. If she wants a divorce, you cannot prevent that from happening.
Answered on May 11th, 2015 at 5:26 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
All divorces by definition have irreconcilable differences. It sounds like the house belongs to both of you, but both of you living in it while the divorce is pending sounds like a formula for disaster. If you want to stay in the house or want to go to couples counseling, make a motion for temporary orders and ask the court to order that. She is of course free to do the same. I suggest you see a lawyer and find a civil way of asking if she is willing to go to counseling. Just because you don't want the divorce doesn't mean she doesn't. Staying in the house together, does nothing but aggravate her further and potentially leads to violent behavior. Don't let that happen by staying on without a court order.
Answered on May 11th, 2015 at 5:20 PM