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Right of Husband to Live in Married Couple's Home

 
 
gollum
 
Reply Fri 11 Sep, 2015 12:05 pm
If a wife decides she intends to file for divorce against her husband, can she order him out of the couple's home? Does it depend on in whose name the title to the home is in?
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Type: Question • Score: 4 • Views: 678 • Replies: 11
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engineer
 
  1  
Reply Fri 11 Sep, 2015 12:17 pm
@gollum,
I would think both of them have equal rights to live it the house assuming it is in both their names and there are not protective orders.
0 Replies
 
PUNKEY
 
  1  
Reply Fri 11 Sep, 2015 12:31 pm
Children?

If he leaves, then he "abandons" the kids. Judges don't like that.

However, what wife would put up with a guy having a GF and still living in the same home as the wife and kids?

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maxdancona
 
  1  
Reply Fri 11 Sep, 2015 12:33 pm
@gollum,
As in all of these cases, the husband should talk to a lawyer today.
0 Replies
 
Linkat
 
  1  
Reply Fri 11 Sep, 2015 12:33 pm
@gollum,
both should have equal rights until the court decides.

I would suggest you do not leave - often times (from seeing others go through this - not through any real legal knowledge so keep that in mind) if a man does leave, then you may lose a chance of staying there.

You have every right as the wife to live there.

Is there an extra room you can stay in or she can?
0 Replies
 
PUNKEY
 
  1  
Reply Fri 11 Sep, 2015 12:36 pm
One divorce case I recently saw, the husband said that "they agreed that I should leave" so there was not the accusation of abandonment.
Linkat
 
  1  
Reply Fri 11 Sep, 2015 12:38 pm
@gollum,
The other question do you want to leave?
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Banana Breath
 
  0  
Reply Fri 11 Sep, 2015 12:58 pm
@gollum,
When will men learn? In the USA, the marriage contract means a man voluntarily gives up ALL rights, period. Nothing gained, everything lost. In almost all cases, courts will side with the woman, taking anything from what the man has ever owned or will ever earn that they care to. It's not right, it's not just, but it is very much the way it works.
http://www.thezooom.com/wp-content/uploads/2012/10/Its-a-Trap.jpg
gollum
 
  1  
Reply Fri 11 Sep, 2015 01:33 pm
@PUNKEY,
PUNKEY-

Thank you.
0 Replies
 
ossobuco
 
  2  
Reply Fri 11 Sep, 2015 07:20 pm
@Banana Breath,
You are pretty much generalizing there. I'm a woman and I get you re specific cases I've seen, even strongly get you.
Banana Breath
 
  1  
Reply Fri 11 Sep, 2015 08:13 pm
@ossobuco,
I think some couples NEGOTIATE better terms, but men don't have any "rights" or guarantees in divorce in America. Sometimes, if they have a good lawyer, and the mother is an alcoholic drug addict who has threatened in writing to kill herself and her family and is also a member of a religious cult or ISIS, the court will decide the mother is unfit and then award custody, real estate and such to the father, but that's a lot of "ifs" that must fall into place first, and it wasn't because the court felt he had a "right" but only by default judgement.
ossobuco
 
  1  
Reply Fri 11 Sep, 2015 09:54 pm
@Banana Breath,
All of us can cite cases. I'm enraged about one myself, big memories, court of women against a guy.
I'm a woman.

Meantime, I don't know how all this is going, this year, now.
0 Replies
 
 

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