Can you force your husband to leave the marital home?

Can you force your husband to leave the marital home?

The marital house is in both our names. Neither of us wants to leave the home. Can I force my husband to leave? Brette’s Answer: You can get an order of temporary exclusive occupancy from the court. Courts recognize it is unhealthy for people in high conflict to remain in the same home. Can I make him move out of MY house before divorce?

What happens to the mortgage on a marital home?

Brette’s Answer: The home is marital property, and the mortgage is marital debt. Both will be divided by the court. This could mean one of you stays in the house and the other gets more of the other marital assets, or it could mean you sell the home and both take a portion of the equity. Good luck.

Can a married couple sell the family home?

This should prevent your spouse from selling the property without your knowledge or consent whilst you remain married.” If you do not have children, or you have decided the best option is to sell the family home, this may bring added problems.

Can a man enter a marital home without a court order?

Brette: Without a court order giving you exclusive occupancy of the home, he is permitted to enter it if it is joint marital property. Write down what’s missing and present the list to the judge. You may be able to change the locks, but you really need to check with an attorney to determine if this is permissible in your state.

Can a family home be held in the name of one spouse?

Whilst some family homes are held in the sole name of one spouse, many family homes are held in the names of both spouses as a joint tenancy as this is often a condition of the mortgage used to buy the house.

Can a husband force you to sell the family home?

Your husband cannot force you to sell the family home. If you don’t come to an amicable agreement, one of the options the court has is to order the sale of the home, but this is not the only option.

What’s the best reason not to leave the marital home?

The top reason not to leave the marital home “voluntarily” is that it gives your wife’s attorney the opportunity to label you as abandoning the family. Even if you feel you are being bullied into leaving by your wife, let me be perfectly clear: You have no obligation to leave the home if your name is on the lease or mortgage.

Can a spouse force you to move out?

You do not have move out just because your spouse tells you that he/she wants you to leave. Both parties have a right to stay in the home. No one, including the police, can force you to leave your residence without a court order, unless there is domestic violence.

Is it OK to move out of a marital home during a divorce?

While it is understandable that you might want to move out of the marital home while the divorce is pending, leaving can have serious consequences. Before you pack up and go, consider how moving out can affect the way your divorce unfolds. If you have minor children, moving out of the marital residence can compromise your custody rights.

Can a spouse move back into the marital home?

You can move back into the marital residence so long as no court order precludes you from doing so, but you must be cautioned about any potential confrontation which may result.

Can a former spouse force me to sell my house?

The property is now worth £200,000 and is mortgage free. My former husband has told me that if I do not agree to sell the property and give him half of the proceeds of the sale then he will issue an application to the court. Can he do this?

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