Legal Question in Family Law in Indiana
Husband's right to stay in the home when you want him to leave
I want a divorce from my husband, and i want to know if i can force him to leave the home now before i even file, or does he have a right to stay in the home until the divorce is final? no physical violence just toward propertery we own.
Asked on 2/10/04, 3:25 pm
1 Answer from Attorneys
Mary Ann Wunder
Wunder & Wunder
Re: Husband's right to stay in the home when you want him to leave
Generally, if you request a preliminary hearing the Court will determine which spouse remains in the martial property until the case is resolved. Unless you can prove to the satisfaction of the judge where your case is filed that an eminent danger exists, you cannot get an order to vacate property prior to or upon filing.
Answered on 2/11/04, 11:17 am