Can One Spouse ask the Other Spouse to Leave the Family Home?

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“Can one spouse legally ask the other to leave the house that they share with their children?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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