My friend has been married to her husband for 25 years now. They have been having some really bad problems and she wants him to basically go and stay with his Mother for a few weeks. She does not want to divorce him, but, in order for her not to divorce him, it is very important that they spend some time apart so that she can emotionally get her head back on and together once again.
Now my the problem that my question lies in is as follows. Michigan is a joint property state, so does she have a legal right to make him leave their house for a few weeks, or would she have to be the one to leave if he refuses to do so, which in all probability, he will refuse to do that.
This is really very important to her.
Divorce / Separation Lawyer
Hi, Unless a divorce action or an action is filed for separate maintenance neither spouse can be forced to leave the marital home. If your friend's husband will not leave voluntarily your friend will have to leave unless she files for a legal action such as divorce or separate maintenance. I urge you to have your friend talk to a divorce attorney for actual legal advice and information as every situation is different. Another suggestion is marriage counseling. Good luck to you and your friend.
5 lawyers agree
Both parties have equal rights to their home. Neither can force the other to leave without a court order.
I, like Mr Gornbien, would suggest that counseling might be in order and the best alternative in this situation.
In my experience very few people get together by separating.
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4 lawyers agree
I agree with both of the prior answers and I have seen the same thing as Attorney Brennan. Once a married couple separates, it tends to be the beginning of the end. If they are both committed to making an effort to save the marriage, then it CAN be done. Both parties need to commit, however, or it is probably doomed to fail.
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2 lawyers agree