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Can my wife make me leave my home

Hastings, MI |
Filed under: Family law

i have 2 children i do not want to leave

Attorney Answers 4


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.

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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.

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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

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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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

If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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