Who has the right to stay in the house during an a divorce? 14 Answers as of July 28, 2015

We are planning on filing for divorce in the next 6 weeks and we agreed on everything but now husband is threatening to throw me in the street. I am entitled to part of his 401k which will not be released to me for 4 to 6 weeks after the judge signs the divorce paper. My husband now wants me out before I receive the settlement and I can't afford a place til i get that money. Can he do this when I will have physical custody of our 10 year old son?

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Law Office of Eric S. Lumberg | Eric S. Lumberg
That issue, like all others, will need to be decided by the parties or brought before the Judge for a decision. Consult with an attorney to fully discuss these issues and explore all options in the process.
Answer Applies to: Michigan
Replied: 7/28/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You need an attorney.. there is a "status quo" order that should be entered in the divorce to keep you in the house until you are ready to move out.
Answer Applies to: Michigan
Replied: 7/28/2015
Law Office of Martin A. Kahan | Martin A. Kahan
If there is no order for you to move, he will have to get such an order. I am assuming that you are on the lease or ownership docs.
Answer Applies to: California
Replied: 7/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Well he can try. If the parties cannot reach an agreement, one or the other can seek a hearing on a temporary order providing for matters which must be attended to during the pendency of the divorce. Generally, if you have primary physical placement of the child(ren), you are more likely to have the temporary but exclusive use of the homeunless he has a stronger need for it, such as if it is also his place of business. Consult an experienced matrimonial lawyer. It's almost always worth it.
Answer Applies to: Wisconsin
Replied: 7/28/2015
Law Office of John G. Galasso | John George Galasso
In Ohio, no; as long as there is no threat of physical violence or a court order, both parties can reside in the house; If he threatens you or your son, you should seek a restraining order to have HIM removed from the home
Answer Applies to: Ohio
Replied: 7/28/2015
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Absent domestic violence, both parties have the right (in family court) to reside in the family residence. It does not matter who owns the family residence. If the parties are tenants, the landlord may remove one or both occupants if there is a legal right to do so, but the family court will not.
    Answer Applies to: California
    Replied: 7/28/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You both have equal rights to the home until or unless a court says otherwise.
    Answer Applies to: Wisconsin
    Replied: 7/28/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Probably not, but you need to have a lawyer and the lawyer needs more information.
    Answer Applies to: California
    Replied: 7/28/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Where is your attorney. Any settlement or judgment should be practical as well.
    Answer Applies to: Michigan
    Replied: 7/28/2015
    Attorney at Law | Aimee C. Robbins
    You need to hire an attorney who can help you with obtain custody of your child, child support and use and possession of the family home.
    Answer Applies to: Maryland
    Replied: 7/28/2015
    Law Office of Robert E McCall | Robert McCall
    Both parties may reside in the home until the Judge says otherwise. (Of course you do not have to share the same bedroom)?
    Answer Applies to: Florida
    Replied: 7/28/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    Either one of you can live in the house and both of you have the same rights to the child. Don't sit on your thumbs and wait. File the divorce and make a motion for temporary orders asking the court to let you stay in the house (pending a final decree) get a temporary parenting plan and a temporary order of child support. Unless the house is his separate property, you will both end up with a portion of its value.
    Answer Applies to: Washington
    Replied: 7/28/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No one can be just "thrown in the street". The only way a person could be ordered out of the house is with the restraining order. If your husband persists in threatening or abusive behavior, you I may be entitled to a restraining order for his removal from the home. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 7/28/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    No, your spouse cannot kick you out of the house. You can suggest to him that he get the settlement money, show it to you and give it to you at the same time as you leave the house for good. Otherwise, he will have to go back to Court to get you out. Good luck.
    Answer Applies to: Florida
    Replied: 7/28/2015
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