legal






 

Question by  Janet (18)

Can a husband throw his wife out of a home they own together?

 
+8

Answer by  patti (29325)

If a married couple own a home together, neither can "throw" the other out. One of the couple can leave or ask the other to vacate the property, but as long as both own the property, neither has the authority to evict the other. The police may be able to help mediate the situation and refer the couple for counseling.

 
+7

Answer by  NSL (81)

Legally, no he could notjust put her out. He would need either a court order or a she would have to agree to remove herself. She could also be removed by law enforcement officers if they deemed it necessary.

 
+7

Answer by  hashbrown64 (221)

If the property is owned or leased jointly (in other words, if both names are on a title, mortgage, or lease), neither party has the right to expel the other. The wife has just as much of a right to occupy the property as the husband.

 
+6

Answer by  tamarawilhite (17883)

No, he cannot. This is because she owns it equally and thus has equal rights if it is sold. If he wants to separate, he should file for separation and then come to an arrangement where one moves out and the one who leaves receives financial support for doing so.

 
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