Can One Spouse Legally Kick The Other Out Of The Marital Home?

mens divorce lawyerQuestion:

My wife and I are thinking of a divorce and she is threatening to call the police and have them kick me out of our house.

Can she kick me out of the marital home?


I am unable to give you legal advice on divorce. I can give general divorce help for men based on the laws in my state (Florida), though.

While you have as equal right to the marital home as your wife does, and in fact, we encourage fathers never to leave the marital home, we see in many cases that the mother will call the police and fabricate stories of domestic violence or abuse to get the father out of the home. In Florida, a petition for protection against domestic violence can be filed with the local clerk of court. The petitioner can request exclusive use and possession of the marital home as a result of the same.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Melissa Knight, an associate attorney in the Tampa, Florida, office, contact Cordell & Cordell.

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