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Ok, so you are legally married, you want a divorce...can you legally kick your husband out of your home?

Answer this question...Legally
You live with your husband, you had an affair, you have 2 kids and you want a divorce. Is it okay for you to kick your husband out of the home that is in his name?


Asked by Anonymous at 11:54 AM on Jan. 6, 2010 in Just for Fun

This question is closed.
Answers (26)
  • Is your name on it also? If I remember correctly if both names are on it you cannot kick him out with out a court order. If just his name is on it then uh hello no he is the owner by law so i would think telling the owner he cant live there would not be legal. If your the one who cheated then you might want to think about playing the divorce game a little bit nicer since your the one who will look bad in court. Right now you need all the brownie points you can get.

    Answer by 3_ring_circus_ at 11:58 AM on Jan. 6, 2010

  • no, you can ask him to leave. But, if police are called that is exactly what they are going to ask someone to do. One or the other will be asked to leave. Legally you can not force him to leave since it is his home. Why don't you leave and go stay with your new partner?

    Answer by Anonymous at 12:00 PM on Jan. 6, 2010

  • Any property acquired during a marriage is shared legal property and you both have the right to be there, regardless of the deed and names on it.

    You can file for divorce and in most places there is a way to file for a temporary order. This will handle things like who stays in the house, who has the kids, who pays for things, etc. A temp order is usually handled within 14 to 30 days.

    Don't call the cops. Like the PP said, someone will be asked to leave and if it gets heated, it could be you leaving in cuffs. Cops don't like domestic issues that are non violent.

    Answer by ecodani at 12:04 PM on Jan. 6, 2010

  • sounds like you should be the one leaving if you had the affair...why take everything from him?

    Answer by shay1130 at 12:06 PM on Jan. 6, 2010

  • I would think if the house is in his name he would get to stay and you the skank would have to go. I would hope he could retain custody of the kids clearly a woman who is out acting like a whore is not the best mother.

    Answer by Anonymous at 12:07 PM on Jan. 6, 2010

  • Ok so you act like a whore and cheat on him now you want to take away his kids and home? Your loser other guy deserves a prize like you. Your poor husband and poor kids. I expect you to come back and trash him now that is what cheaters do best I won't believe you as cheaters are liars. I hope he gets the kids, the house and you are penniless on the street.

    Answer by Anonymous at 12:09 PM on Jan. 6, 2010

  • By the way...this is NOT ME I am talking about!! SHEEESH, I'm asking for someone I know in this situation! Funny how you are so quick to judge the Anon!

    Answer by Anonymous at 12:11 PM on Jan. 6, 2010

  • I saw your question earlier...I think your brother is dealing with this situation? Anyway, legally, teh wife cannot ask the husband to leave unless there is a restraining order. And as far as the house goes, who gets it really depends on the state you live in. If he lives in a 50/50 state, then the house will have to be sold and the profit divided 50/50 even though its in his name (unless there was a prenup). This happened to my husband...He was anly legally married to this woman for 2 years, the house was in HIS name and her made ALL mortgage payments. At the divorce, he had to buy HER out of her half of the house. This was after he put her through college for her Master's... Its a screwed up situation if you live in a 50/50 state. Your bro should call a lawyer and get the facts. most will give a free consultation. Somes states may also have divorce laws regarding infidelity, so it would be worth a closer look.

    Answer by kenzie07 at 12:14 PM on Jan. 6, 2010

  • If your bro wants custody of the kids, he should keep a journal of the wife's activites and research whether she can be considered "unfit" by the courts.

    Answer by kenzie07 at 12:16 PM on Jan. 6, 2010

  • Yes, Thank you Kenzie07!

    Answer by Anonymous at 12:16 PM on Jan. 6, 2010