Will I be evicted if I contribute to the bills and my husband purchased our home during our marriage? 11 Answers as of January 22, 2014

I have been married for 8 months during our marriage my husband purchased a home. He has moved out of our bedroom into the guest room and stays away from home some nights. He has asked me to leave our home. I don't want a divorce but he does. Will the judge make me be the one to leave? I work and contribute to the bills. He pays the mortgage and I pay the household bills and provide groceries we have no kids together.

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Kirby G. Moss PC | Kirby G. Moss
It is impossible to say without more facts and even then, it can go either way sometimes. You should get a lawyer who handles divorces and if possible file before he does. That may give you best chance for the home at least while divorce pending.
Answer Applies to: Indiana
Replied: 1/22/2014
Law Office of Robert E McCall | Robert McCall
Decision is up to the Judge. If kids are involved whoever gets temporary custody gets the home.
Answer Applies to: Florida
Replied: 1/22/2014
James M. Chandler | James M. Chandler
It would depend upon all of the circumstances presented to the judge. Especially if there is any abuse.
Answer Applies to: California
Replied: 1/22/2014
Coulter's Law
Coulter's Law | Coulter K. Richardson
Just because you are not on the deed does not mean you have no equitable interest to the house. As you have pointed out, you have paid household bills and the house was bought during the marriage. I do not recommend moving out unless a judge orders it. Would a judge order it? Perhaps, but not unless the judge is convinced that both of you can survive living separately. Depending on the circumstances and your finances, you may both live there while you get divorced, he could be forced to move out, you could be forced to move out (with or without spousal support to assist you in paying for shelter expenses). Since there is no indication of domestic violence and no children to be subjected to divorcing parents, you will likely just live in the same house while you get divorced. If your husband forces you out by changing the locks, go to court to get back in. Judges do not take kindly to self-help by litigants. If your husband wants a divorce, in NJ he can get it without proving fault. Irreconcilable differences have to exist for at least 6 months though. It sounds like he needs to wait a little bit before filing for divorce.
Answer Applies to: New Jersey
Replied: 1/22/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You really need to talk with a local attorney. The house could be community property, it is possible it isn't. But I think you had best get your mind used to the idea that you will be divorced.
Answer Applies to: Idaho
Replied: 1/22/2014
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
    Answer Applies to: New Jersey
    Replied: 1/21/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    You do not have to leave the marital home. Your husband can't make you go. I would urge you to seek counsel.
    Answer Applies to: Virginia
    Replied: 1/21/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You need to retain a lawyer and go to court to protect your rights. A judge may have to decide the outcome if you cannot agree.
    Answer Applies to: Pennsylvania
    Replied: 1/21/2014
    John Russo | John Russo
    No, the house is a marital asset since it was purchased during the marriage, unless he purchased it with inherited monies there is no argument he can make to exclude the house from the marital estate. Now the down side to this is, since the house was purchased recently there is most likely no equity in it so in the end let him have it, but the court will not order you out at least over the short term.
    Answer Applies to: Rhode Island
    Replied: 1/21/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    The house was bought during marriage which means it is either community property or that you have a community property interest in the house. But for your own sake you should start looking for a place of your own that you can afford. It sounds like a very difficult living situation.
    Answer Applies to: California
    Replied: 1/21/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    If it is the marital residence, your husband cannot evict you. The only way to get a spouse out during a divorce is either some sort of restraining order/protection order or a Motion for Exclusive Use of the Residence. The latter is the more common course of action. The Judge would decide who should live in the residence and give the other party 30 days or so to move out.
    Answer Applies to: Ohio
    Replied: 1/21/2014
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