QUESTION
Can my husband just kick me out of the house if he owns it?
Asked on Jul 25th, 2012 on Divorce - Michigan
More details to this question:
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?
20 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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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.
Answered on Aug 13th, 2012 at 6:26 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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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.
Answered on Aug 13th, 2012 at 6:25 PM
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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.
Answered on Aug 13th, 2012 at 6:24 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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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.
Answered on Aug 13th, 2012 at 6:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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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.
Answered on Aug 13th, 2012 at 6:23 PM
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.
Answered on Aug 13th, 2012 at 6:23 PM
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.
Answered on Aug 13th, 2012 at 6:21 PM
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.
Answered on Aug 13th, 2012 at 6:21 PM
Gregory 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.
Answered on Aug 13th, 2012 at 6:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Aug 13th, 2012 at 6:21 PM
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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).
Answered on Aug 13th, 2012 at 6:20 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Not if you go to court and get an order preventing him from doing what he threatens
Answered on Aug 13th, 2012 at 6:15 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Not unless he can get a restraining order against you for violence.
Answered on Aug 13th, 2012 at 6:15 PM
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.
Answered on Aug 13th, 2012 at 6:15 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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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.
Answered on Aug 13th, 2012 at 6:14 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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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.
Answered on Aug 13th, 2012 at 6:13 PM
Trusts Attorney serving Lawrence, KS
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The Law Offices of David J. Brown, LC
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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.
Answered on Aug 13th, 2012 at 6:13 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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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.
Answered on Aug 13th, 2012 at 6:13 PM
Leonard A. Kaanta
He would have to get a court order, you need an attorney.
Answered on Aug 13th, 2012 at 6:12 PM