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.
Henry GornbeinAsk a similar question
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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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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