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Can I keep health insurance and stay living in the home during seperation?

Rose Creek, MN |

I live in MN - if my husband and I get legally seperated can my daughter still be covered under his health insurance even if he is not the bioligical father and did not adopt her?
Also his name is the only name on the deed to the house - can he kick me out if we become seperated? What about once we are divorced?

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Attorney answers 2


Everything depends on whether you choose to get divorced or legally separated. As long as you are not divorced, your daughter should be able to stay under your husband's health insurance. This will not be the case if you get divorced (as the child is not his).

Regarding the house, more facts are needed to completely answer your question. If you get legally separated or divorced, who remains in the house will be addressed by the court. However, if your husband owned the house before you were married he has a strong case to keep the house and have you move out. That being said, depending on how long you have been married, you likely have a marital claim to a portion of the house regardless of who is on the deed. I suggest you speak with a family law lawyer to fully evaluate your situation.

Nothing in this response constitutes legal advice. Doyle Hance, LLC does not represent you nor has Doyle Hance, LLC entered into an attorney-client relationship with you.


Regarding health insurance for the child, if it's not agreed upon, it will generally be assigned based on the best interests of the child. For example, if your husband has great insurance for your daughter at a reasonable cost, a judge will often require him to continue it as part of the divorce decree. A legal separation agreement can also include such a provision.

Regarding the house, a divorce decree will address who stays in the house if the house will be kept (not sold). A legal separation can also address this issue.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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