Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can one spouse legally ask the other to leave the house that they share with their children?”
Question: 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.
