Can my husband kick me and our kids out of the marital home?
Question Details: My husband moved out and told me that he wants a divorce but it isn't his priority to file until the end of summer. Now he is telling me that our children and I have to move because we aren't going to be able to afford to live in this house. He has been threatening me that if I hire an attorney I won't get as much money as he is offering me. His offer doesn't include his pension or anything. I have been a stay-at-home mother for 13 years because it allowed him to earn more and further his career. Can he just kick us out?
No, he can't. The law is very clear that one spouse may not remove the over from the marital home absent a court order to do so, which court order would generally only be given if there is domestic violence involved (e.g. an order that the abuser or violent spouse remove him/herself).
Unless and until there exists a court oreder or final decree of divorce tht determines who has the legal rght to possession of the premises, it remains the "joint marital residence". This means that you both a the right to live there. This is true no matter whose name may or may not be on the deed (or lease).
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