I want a divorce but my husband doesn’t, is any legal way I can have him move out?
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I want a divorce but my husband doesn’t, is any legal way I can have him move out?
Asked on October 5, 2011 under Family Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I'm afraid not; at least not now. No matter whose name is on the deed/lease, at this point the house/apartment is considered to be the "marital residence". Consequently both parties have equal rights to possession. That having been said, this can change if: a final divorce decree is issued; a legal separation agreement is executed (and it gives you the exclusive use of the house); or some sort of temporary order is issued (e.g. protective or stay away order) which calls for his removal from the home.
At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and remedies to you.
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