Can The Owner Of The Home Kick The Other Spouse Out?

Question:

If my wife is the sole owner of the marital home, does she have the right to remove my belongings from the house and demand that I leave?

The mortgage and property taxes are being paid with community (marital) income.

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New York divorce laws where I am licensed to practice.

Generally speaking, the courts will not look favorably upon a party who unilaterally removes the belongings of the other, forcing him or her out of the home.

Furthermore, if your belongings are removed from the house over your objection and there is damage caused to them, then your wife could be held responsible both in the divorce action and in other civil law suits.

Relative to your right to remain in the home, this really boils down to the laws of your state and the position taken by your respective judge. Many times one spouse will remain in the “marital residence” throughout the pendency of the divorce action while the other spouse lives in an alternative residence.

However, this is most always due to an express agreement between the parties or an order of the court.

Payment of the mortgage on the home using marital funds generally does not outright entitle both spouses to remain in the home. Again, this is heavily dependent on your state’s divorce laws and your judge.

Factors that typically come into play when a court is considering a request for one spouse to occupy the home over that of another are:

– the presence of any domestic violence;

– the presence and custody of any children;

– the existence of alternative housing arrangements for either party; and

– the financial ability of the parties to afford separate housing arrangements.

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

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New York Divorce Lawyer Sarah J. Merry, contact Cordell & Cordell.

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