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    Amy Jo Stock's Avatar
    Amy Jo Stock Posts: 1, Reputation: 1
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    #1

    Jul 6, 2009, 05:04 PM
    Removal of soon to be ex from home
    I will be filing for divorce and was told I can ask that my husband be removed from the home. Is this true? If so, how do I go about doing it?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 6, 2009, 05:51 PM

    What State?

    Your Attorney is the person who can tell you what is allowed in your State. In most States unless you can get a restraining order against him you will share the house until the Judgment of Divorce is filed.

    It is as much his house as it is yours - he could also not force you out UNLESS it IS your house. Is it?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 6, 2009, 06:09 PM

    Yes, in the divorce request as part of the terms and division of properties, you may ask to either get to stay in the rental, or if you own it, get ownership of the home.

    Unless he just agrees, it could take months or more to fight it though court. There is no auto eviction, and he may stay in thehome till the divorce court rules on your request
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