Is it legal for my husband to force me to move out of our apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for my husband to force me to move out of our apartment?
Asked on January 18, 2013 under Family Law, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, he can't do this. Untill the is a court order that states who has the right to exclusive possession of the premises, both spouses are viewed to be the legal occupants of the home. This is true regardless of whose name that the lease is in (or who is paying it). Do until a divorce is final, a legal separation agreement is in effect or there is another court order specifying who gets possession, the home is still considered to be the lawful marital residence; accordingly, each spouse has a right to live there. Therefore, no measures should be taken to put the other spouse out, such as changing the locks or removing their belongings. To do so would constitute both a civil and criminal offense.
Note: A court order for could be issued immediately to put a spouse out of the house if they put the other spouse in fear for their safety.
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.