Thursday, September 6, 2012

Can my husband/wife kick me out of the martial residence?

Absent a Court Order, Temporary Protective Order or instructions from the police or child protective services, your spouse cannot kick you out of the house.

If a spouse wants the other spouse out of the house, they must file a Motion for Exclusive Possession providing just cause why the other Party should be ordered to move from the residence. Or, in cases of domestic violence, the applicant can have the other Party removed from the marital residence if a Temporary Protective Order is granted.