Can my husband just kick me out of the house if he owns it? 42 Answers as of May 29, 2013

My husband had the house when we married. We have been together for 3 years and he threatens to put me out. I don't work and have no source of income. Can he just kick me out with nowhere to go with no financial means?

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Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
If your husband refuses to support you and threatens to kick you out of his house you should contact the prosecuting attorneys office in the county where you reside and talk to one of the staff attorneys that handles support matters. They should be able to advise you of your rights. In your question you don't indicate how you take care of expenses for your personal needs. You don't say how old you are and you don't indicate if there are any children involved. You also don't indicate what your husband does for a living and whether he has provided you with an allowance or made arrangements for you to have a credit card of access to a bank account for things you may need. If he should kick you out of the home you should make arrangements to talk to a social services agency about things like shelter and food. You should also think about a divorce because based upon what you have asked it sounds as though there has been a break down of the marital relationship which would be a ground for divorce under Michigan law.
Answer Applies to: Michigan
Replied: 8/13/2012
Law Office of Robert D. Rosanelli
Law Office of Robert D. Rosanelli | Robert D. Rosanelli
The simple answer is that if it is his house, you have no right to it. He may have to provide you with spousal maintenance or reimburse you if you or the "community" paid the mortgage or contributed to the repair, maintenance or improvement of his residence.
Answer Applies to: Arizona
Replied: 8/13/2012
Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
In Maryland, he can not throw you out of the house in the short term without a court order (ie. Protective Order). In the long term it is likely that you will have to vacate the house. You need to go see a family law attorney immediately.
Answer Applies to: Maryland
Replied: 8/13/2012
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You need to file suit for divorce, and let a judge decide how much time you have to get out of the residence.
Answer Applies to: Georgia
Replied: 8/13/2012
Victor Varga | Victor Varga
No, that is considered the marital home, regardless of how it is titled. He could if you weren?t married, but as you are, he cannot.
Answer Applies to: Maryland
Replied: 8/13/2012
    Bruning & Associates, PC | Mary D. Sump
    I receive this question from clients regularly. It depends on the circumstances and what state and county you are residing in. If you are on the deed to the home, you cannot be kicked out, as you the owner or one of the owners of the home, and you have every right to be there. However, some sheriff's departments will order you to leave the residence if there is any sort of domestic disturbance or the threat of one, even if you are on the deed. If you are not on the deed to the home, I would advise you to seek the counsel of a licensed attorney immediately. The house would be your husband's non-marital and separate property. I would recommend filing a Motion for Temporary Relief, requesting maintenance among other things. If your husband has the ability to support himself and provide you with funds, then he would be ordered to pay you funds so you can afford to pay rent on another place just for you.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Technically, your husband cannot throw you out. You should go to court and file for divorce and in filing for divorce, request to be placed back in the marital residence. You can request that the Court hear this issue on an emergency basis. I would consider retaining private counsel.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No, he cannot kick you out of the marital home. You have an interest in the property, most likely, even if it is solely in his name. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 8/13/2012
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Your husband owes you basic financial support as long as you are married. If he kicks you out of the house he must find a place for you to live or otherwise help pay for your living expenses. Unless you are disabled or have a very young child, you may be required to work outside of the home if he files for divorce, but you will nevertheless be entitled to some temporary support.
    Answer Applies to: Louisiana
    Replied: 8/13/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. If he did, you can sue him? for divorce and file a Request for Order requiring your husband to give you keys and allow you to reside in his house during the divorce. You can also sue your husband in the Civil court for Forcible Detainer. You should have a face-to-face consultation with an experienced Family Law Attorney without delay to discuss your situation and evaluate your options.
    Answer Applies to: California
    Replied: 8/13/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    No, he cannot. You have the right to stay in the house, at least temporarily. If you are entitled to receive support from your husband, the judge can order him to pay you enough money so you can move out.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You both have a right to remain in the home absent court orders to the contrary. Best to file and serve your divorce along with a motion for support.
    Answer Applies to: California
    Replied: 8/13/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    He would have to get a court order, you need an attorney.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    While he may be able to seek a court order for exclusive use of the marital home, if he has been your source of support during the marriage, he may have to provide you with at least temporay spousal support. Since it is the marital home, a court may be reluctant to remove you from it unless there is good cause such as you are the perpetrator of domestic viiolence against your husband. You should consult with an attorney in your area who can better advise you.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If he kicks you out, it may come back to haunt him. Get an attorney on your side. You would probably seek temporary alimony, attorney's fees and court costs. If he has ever been violent with you, you may be able to file a petition for an injunction for protection against domestic violence, and actually get him removed from the house.
    Answer Applies to: Florida
    Replied: 8/13/2012
    John Russo | John Russo
    Short answer, NO, But don't give him the opportunity, i.e. calls police and claims you assaulted him or threaten him etc. If he files for divorce the end result will be at some point you will have to leave if what you claim is true, that he owned the house prior to the marriage, and he did not put your name on the deed and/or the mortgage. All you will be entitled too is a % of the appreciated value during the marriage, which in this market most likely will be zero. But what I mean by that is, say that when you were married the house had a value of 200,000.00 and at the end of the 3 years it went up 10,000.00 in most cases you would be entitled to 50% or 5,000.00, but like I said in this market real-estate has been going down. Also, the best you can hope for is the date the divorce is put through you will have to move out, remember it's his house. Good luck
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    Sedin Begakis & Bish | Mindy Bish
    No.
    Answer Applies to: California
    Replied: 5/29/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, he cannot just kick you out. This is the marital residence and you would have the right to occupy the home until the divorce is resolved or the family law court orders you to leave.
    Answer Applies to: California
    Replied: 8/13/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    He will not get any help from the Sheriff's Dept in Henry County if you are married.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Basically, he can do whatever you let him do. The correct question is what can you do about it and the answer to that question is that you need to file for divorce and get his financial obligations to you established by a court. If you don't start a divorce case, there is nothing you can do to keep him from doing whatever he pleases.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    No, he can't kick you out. You should file for dissolution of marriage and ask for maintenance (alimony) and temporary possession of the home.
    Answer Applies to: Colorado
    Replied: 8/13/2012
    Law Offices of Frances Headley | Frances Headley
    You would be entitled to temporary spousal support so if he did ask you to leave the residence you would not be without resources. You should consult a family law attorney about the issues of support and how to protect your possible interest in the house.
    Answer Applies to: California
    Replied: 8/13/2012
    Attorney At Law | Harry D. Roth
    No, he cannot. You have just as much right as he at this moment to be in the house. However, in the long run, it being his house, you will have to leave.? If you need financial help from him to maintain your lifestyle, you need to go to court (divorce court) and ask the judge to order him to pay spousal.? If he tries to physically remove you from the house without a court order, that is domestic violence and he is going to find himself living in the county jail.
    Answer Applies to: California
    Replied: 8/13/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Short answer is no. In order to do so he needs a court order. Best advice, file a complaint for divorce and ask for exclusive possession of the marital residence based on the fact that you aren't working or in the alternative ask for temporary spousal support again on the fact that you aren't working. If he throws your stuff out call the police.
    Answer Applies to: Nevada
    Replied: 8/13/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Ezim Law Firm | Dean Esposito
    It is his separate property and he can do so. If you have children together, you can file a petition for divorce and request that you be granted use and occupancy of the home. Since you do not work or have an income, you can also request that he pay you spousal support (formerly known as alimony).
    Answer Applies to: Louisiana
    Replied: 8/13/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. If you are married, you have an equal right to ocupy the residence until a court determines otherwise.
    Answer Applies to: Minnesota
    Replied: 8/13/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    He would not have the right to do that without first getting an Order from the Chancery Court granting him exclusive use and possession of the house. Since you are married it does not matter whose name the title is in, you have homestead rights. If he tries to kick you out I suggest you go to Chancery Court and ask for an Order giving you the right to stay in the house. You will probably need a lawyer to get that done.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Hello - You have a most unfortunate situation. If your husband tries to kick you out of the house, call 911, tell them your husband is trying to kick you out and you don't want to go. They will send a police officer over to resolve the issue until you and your husband decide what you are going to do about the marriage, etc. Good luck.
    Answer Applies to: Florida
    Replied: 8/13/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Get a lawyer right away and file your own dissolution proceedings and ask that the Court enter an order allowing you to remain in the home tell a divorce is completed. If the title the house is in just his name your only right to stay there will be established by the court saying it should remain until the dissolution is completed. You should not ask you to leave and should not be able to require you to leave if your name is on the house at all. Get a lawyer now.
    Answer Applies to: Iowa
    Replied: 8/13/2012
    Steven Alpers | Steven Alpers
    Not unless he can get a restraining order against you for violence.
    Answer Applies to: California
    Replied: 8/13/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Not if you go to court and get an order preventing him from doing what he threatens
    Answer Applies to: Washington
    Replied: 8/13/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Difficult question because he can within a fashion...he cannot use self help and just kick you out.. he needs to do it legally and divorce you first then kick you out.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    No. you can always file a motion for "exclusive use" or temporary spousal support as part of any divorce. Best to hire a lawyer to help you. You may also be able to get an award of attorney's fees; meaning that the court may order your spouse to pay your legal fees. Look up (via Google) CA family code section 2030.
    Answer Applies to: California
    Replied: 8/13/2012
    Castro, Rivera & Associates | Sandra Rivera
    No he can't just kick you out. That is your residence as much as it is his.
    Answer Applies to: Florida
    Replied: 8/13/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    So long as you are married, you have a right to be in the home. Law enforcement will not support your husband's attempt to kick you out. Please see an attorney or a victim advocate immediately. He may not be able to lawfully kick you out, but I do fear for your safety.
    Answer Applies to: California
    Replied: 8/13/2012
    The Law Office of David J. Brown
    The Law Office of David J. Brown | David Brown
    Your husband should not be able to simply evict you. He might be able to obtain a court order as part of a divorce action that could require you to move out. You should consult an attorney because it is equally possible, under the circumstances you have outlined, that you might be able to get temporary orders in a divorce case requiring that he move out. Each case is fact specific and you really do need to talk to an lawyer experienced in divorce and family law issues to explore your options.
    Answer Applies to: Kansas
    Replied: 8/13/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    No. If your husband wants you to leave, he would have to formally evict you as if you were a tenant. That does not mean he may not try to force you out, by changing the locks while you are gone. You need to commence an action for either divorce or separation in order to obtain an order from the court protecting you in the event he should try to do so.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Salladay Law Office | Lance Salladay
    If it is his separate property he can more than likely have you evicted. You may have a claim for reimbursement of at least some of the money paid by the community during the marriage if you/he were making house payments on the property while you were living there-
    Answer Applies to: Idaho
    Replied: 8/13/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are married and that is your marital home (where you live together), in general he would not be able to force you to leave unless he got a court order as part of a divorce case giving him sole possession of the house.
    Answer Applies to: Georgia
    Replied: 8/13/2012
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