Can My Husband Force Me Out of Our Family Home?

The short answer to the question of whether your husband can just kick you out of the family home is “No.” But there’s more to it than that.

In Pennsylvania and New Jersey, both Equitable Distribution states, when a divorce case goes to court the judge will distribute all marital property according to what he or she deems as “fair.” The shared home, even if just in the name of one spouse, is considered marital property, because both spouses lived in it, presumably cared for it, and depended on it. If you did the bulk of the housework, which is often the case for wives, this further supports your equal claim to the family home. 

In order to force a spouse out of a home, the other spouse has to seek a temporary order from the family court in their jurisdiction. These are often granted if the requestor can demonstrate harm to his or her mental or physical health (or that of the children) if the spouse stays. Short of this condition, the judge may not agree to the request. If, however, the judge does agree to the request, it will generally include a support order if the spouse being removed has limited means of self-support and no place to go. 

What this means is that if your husband wants you out, he can only force you out with a court order, and if you would not be able to maintain a similar standard of living on your own, he would have to continue to financially support you at the level the court orders him to.

If he threatens to kick you out, the situation is probably already pretty serious. Contact a lawyer immediately to determine the steps to best protect yourself and your children. 

What if my husband already kicked me out?

Your husband absolutely cannot legally kick you out. If he already has, contact a lawyer, law enforcement, and social services if you have an immediate need for food and housing. If your name is on the title, he is effectively stealing from you. Even if it is not, you still have the legal right to the use of the family home, and your children have the legal right to stability. 

Contact us here at the Law Offices and Mediation Services of Elissa C. Goldberg to help you with your divorce, child custody, or mediation needs.