Can I make my husband move out of the house even if his name is on the mortgage?
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Can I make my husband move out of the house even if his name is on the mortgage?
My husband and I are going to file for divorce and I am going to keep our house as he cannot afford it. However, he is not in a hurry to move out. Can I make him move out even though his name is on the mortgage?
Asked on May 8, 2016 under Family Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Until a final decree of divorce has been granted or there is a formal separation agreemnt or other court order in effect addressing the issue of occupancy, the house is still considered to be the "joint marital resodence". This means that both of you have a right to live there, regardless of whose name that the mortgage is in (or title for that matter).
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