How Long Can I Stay In The House?

husband packing thingsQuestion:

My wife is planning on filing for divorce and wants me to move out of the house. Unfortunately, I do not have the resources to relocate.

Legally, how long can I stay at home?


I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general tips on your situation.

Generally speaking, a person who owns a home and lives in that home, has the right to continue to reside there until such time as there is a court order requiring them to vacate the premises. A domestic litigation attorney in your area can give you more specific information on your state’s laws and how they impact your living situation so I would recommend contacting a local attorney as soon as possible.

I always caution people against remaining in any housing situation that is extremely volatile and could result in a domestic dispute. For people not in that situation, remaining in the house until required by court order to leave can be beneficial because it allows you to have access to information that may be stored in the house that is needed for the divorce, gives you continued access to your children and property.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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