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    lostlookinghelp's Avatar
    lostlookinghelp Posts: 1, Reputation: 1
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    #1

    Nov 22, 2011, 01:18 PM
    Can Wife be kicked out of the house if she is not on the deed?
    Can a husband kick his wife out of their house if her name is not on the Deed, and it was purchashed before they were married?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Nov 22, 2011, 01:35 PM
    Its possible. But more then likely there would either have to be a court order to do so or an eviction process. In a community property state then house may be designated as separate property but the spouse may be entitled to the enrichment portion of the home. So if the value went up while married then 1/2 of that given value may belong to the spouse who's name is not on the title.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 22, 2011, 04:02 PM
    Since they are married, in most area they will have to file for divorce and the court will have to order her to leave.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 22, 2011, 04:10 PM
    The house is considered the marital home. Even if she has no legal or financial interest its still the marital home and it will take a divorce decree to legally remove her.
    parker52's Avatar
    parker52 Posts: 2, Reputation: 1
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    #5

    May 6, 2012, 06:55 PM
    Quote Originally Posted by ScottGem View Post
    The house is considered the marital home. Even if she has no legal or financial interest its still the marital home and it will take a divorce decree to legally remove her.
    Thank you so much. I guess I will have to find out if he is serious, and if so, I will have to find a pro bono divorce attorney, and pursue all that horrible stuff.
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