Must a husband move out of the marital home simply because his wife insists?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Must a husband move out of the marital home simply because his wife insists?
After 15 years of marriage my wife has told me that she is unhappy and I should move out. I am a great dad and the only provider in the house.
Asked on March 9, 2011 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless the divorce has been finalized or temporary orders have been issued by a court that give her the exclusive right and possession to the house, there really isn't anything that she can do. At this point, the house is still considered to be the joint marital residence. Right now you should speak with directly a divorce attorney in your area. Once temporary orders are issued, things will be different. Be aware that if she attempts any type of "self-help" such as putting your things out in the street or changing the locks you could sue for unlawful eviction. Additionally, this would hurt her in the divorce proceedings. The fact is, that staying in the house is the best thing (unless you feel that for some reason it would not be in the best interests of your children).
Note: If she claims that you have put her in fear for her personal physical safety, then she may be able to apply for a protective order which would result in your immediate removal from the house.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.