Can my wife make me leave my home

Asked over 1 year ago - Hastings, MI

i have 2 children i do not want to leave

Attorney answers (4)

  1. J. Matthew Catchick Jr.

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . Not unless there are allegations of domestic violence or threats of violence. I would respectfully recommend you consult with a local-area Family Law Attorney ASAP to confirm all your rights, as litigating a divorce with minor children can be extremely complex. You should proceed VERY carefully, as I have seen people "bait" the other party into a fight, just to get them kicked out of the house. Be as mellow as possible, avoid confrontation and fighting in front of the kids, and hire a lawyer ASAP. I wish you all the best of luck. Warmest regards, Matt Catchick.

  2. Neil M. Colman

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Only the court can order you out of your home and that does not generally happen unless there is domestic violence (current or history of) or some other compelling reason for the court to oust a spouse. Be cautious about arguments between you and your spouse. Often times arguments turn into something more than speaking loudly at one another, and that opens the door for a call to 911 and a claim of domestic violence (which probably would get you booted) for which you would be subject to arrest.

    Neil M. Colman
    www.divlawyer@gmail.com
    586.254.1100

    Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an... more
  3. Audra Rose McClure

    Contributor Level 8

    Answered . I just wanted to note that your wife can't make you leave your home, but she may be able to convince a judge to order you to leave your home, depending on the circumstances. You didn't list much information about your circumstances here, but you should definitely be on your best behavior if she has asked you to leave already or has threatened to do so.

  4. John William Toivonen

    Contributor Level 9

    Answered . You need an family law attorney. From my experience, people who hire an attorney early on tend to get better results and stay out of jail. People with family law issues who do not hire an attorney get a bad deal and sometimes they get locked up. I don't know if you have ever spent time in jail, but it is not a good place.

    I agree with the other attorneys: keep the conversations calm. If you find that you are getting angry, turn and walk away. Loud words and fists will solve nothing and may get you locked up. If you strike your wife, the custody battle can be much more difficult for you. Take a long walk. Whether you are going to stay in the house now, or your wife leaves are matters that require legal consultation. I handle family law, and I am available for a free initial consultation.

    John Toivonen
    Attorney at Law
    (517)402-5229

    If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor... more

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