QUESTION
Do I have to leave my home because my husband says I have to?
Asked on Jan 15th, 2013 on Divorce - Missouri
More details to this question:
Am being told he can have me evicted. Is this true that he can actually have me evicted from my home for no reason?
11 ANSWERS
Unless there is a court order stating he can have exclusive possession, then no, he, the husband, cannot "evict" the wife.
Answered on Jan 17th, 2013 at 1:41 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. Is there a divorce proceeding in place. Does he own the home only in his name? There are a number of questions that have to be answered. You need to discuss them with an attorney to figure out what he can and cannot do.
Answered on Jan 16th, 2013 at 8:45 PM
Steven D. Dunnings
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Answered on Jan 16th, 2013 at 8:23 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you do not have to leave your home because your husband says you have to. Unless your husband is also your landlord and the two of you have some sort of lease agreement which you breached, then I guess it would be possible for him to have you "evicted", but that would still require him to go through the eviction process. You should not take any action and/or inaction based on this information. You should consult with a local attorney as soon as possible regarding these matters.
Answered on Jan 16th, 2013 at 8:09 PM
No, unless he has been awarded the house and you are refusing to obey a lawful court order then it is unlikely that he can have you evicted.
Answered on Jan 15th, 2013 at 9:44 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No. Controlling husbands have been pulling that one on estranged spouses for years. If he wants you out, or if you want him out, the divorce must be filed and a temporary order scheduled, at which you both can have your say on why you should have temporary but exclusive use of the family homestead. It's good to hire a divorce lawyer.
Answered on Jan 15th, 2013 at 9:43 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Eviction normally is something that only applies to tenants under a lease and involves court action. So, it is unlikely that he could have you "evicted". But, as part of a divorce case, a judge will have to decide who moves out of a home and who gets to stay and own the property. Until one of you files for divorce, there isn't any other procedure to legally decide who can live in the house.
Answered on Jan 15th, 2013 at 9:43 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No. File for divorce. You have a right to stay there if a case is filed.
Answered on Jan 15th, 2013 at 9:42 PM
It depends on who owns the home or is on the lease. If you are both on the lease or own the property - he cannot evict you.
Answered on Jan 15th, 2013 at 9:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds odd to me, is there a court case? If not generally no, he cannot evict you.
Answered on Jan 15th, 2013 at 9:41 PM
2 Awards
This is absolutely not true.
Answered on Jan 15th, 2013 at 9:41 PM