Legal Question in Family Law in Iowa

Who has to leave the house? Husband or wife?

My wife has said she is filing for divorce. She has two daughters, age 14 and 10, both from separate marriages. Due to conflict in the home, their fathers have taken them back with her permission and are enrolling in the school districts this week on the town their fathers live. Right now my wife has no ''mother'' responsibilities at home.

My wife carried on an affair for three months behind my back and was in a mental health ward for a week for severe depression. She got home last week and I ws hoping we could make a go at our marriage again. She started talkig to a guy on the phone the next night after she got home from the hospital. She even took off two nights in a row leaving her kids with me to drive to this nearly total stragers' home to see him without telling me.

If she does file for divorce, do I have to leave my home? She cheated on me and I have done nothing. I am sick for what she dd to me. She says she will live in the house. I am a city councilman in my community and must live in town by law. I could stay with my parents, but they live outside the city limits. What can I do and what are my rights? I want to stay in my home and quite frankly she can too. She does't love me, so I will ignore her.


Asked on 1/23/06, 10:57 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Who has to leave the house? Husband or wife?

Nobody has to leave the home. Usually, somebody does by choice. However, because someone does leave the home, that does not relieve them of their financial obligations if there's a mortgage.

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Answered on 1/23/06, 11:18 am


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