Can One Spouse ask the Other Spouse to Leave the Family Home?
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Summary
If a spouse doesn’t willingly leave the family home when the other spouse asks them to, the other spouse may end up seeking a restraining order. |
“Can one spouse legally ask the other to leave the house that they share with their children?”
They can always ask. But they will need a court order to force it. Unfortunately, the way that usually plays out is that the wife goes to court, alleges that she is afraid of the husband’s temper, and the next thing you know the wife has a restraining order against the husband, ordering him to move out and stay away.
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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
