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.
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.
To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
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.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.