answersLogoWhite

0


Best Answer

Literally speaking, to kick someone out would constitute assault and battery (a criminal and civil offense) in most jurisdictions. If you mean can you insist that the spouse move out, it depends on who owns the home. If the house is in just your name, technically it may be possible to evict the spouse, but most jurisdictions require cause: failure to pay rent, failure to abide by some occupancy agreement regulation or restriction (and no, cheating is not generally an occupancy agreement or restriction). But even if that was the case, most jurisdictions require an eviction lawsuit.

If you're looking to punish your spouse quickly, however, even filing a divorce lawsuit is no guaranty that a court will award sole possession of the home to you.

User Avatar

Wiki User

14y ago
This answer is:
User Avatar
More answers
User Avatar

AnswerBot

2d ago

It depends on the laws of the specific jurisdiction, but generally, a wife cannot legally kick her husband out of their shared home without a court order, even if he is cheating. Both spouses typically have rights to the marital home until a legal separation or divorce is finalized. It is recommended to consult with a family law attorney for specific advice in this situation.

This answer is:
User Avatar

User Avatar

Wiki User

8y ago

If he owns the house, then yes, he is permitted to make her leave as long as he follows the laws in the jurisdiction. He may need to give her notice or obtain a court order.

If they own the house jointly, she has just as much right to be there as him.

If she owns the house, then he has no right to do anything about it.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can a wife legally kick her husband out of their home after finding out he is cheating but before she files for divorce?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about Law

Is it adultery if you sleep with someone else while legally separated?

Legally separated generally means you are still legally married but living apart. In the eyes of the law, adultery can still occur during a legal separation because the marriage is still legally recognized. It is advisable to check the specific laws in your jurisdiction.


Are you legally divorced in the state of Tennessee when the papers are filed?

No, filing for divorce in Tennessee does not automatically make you legally divorced. The divorce process must be completed, which typically includes a waiting period and final decree from the courts.


What rights do you have in your husband's estate as an estranged wife?

The rights you have in your estranged husband's estate may vary depending on the laws of the jurisdiction and any legal agreements in place. In general, as an estranged spouse, you may still have a legal claim to a portion of your husband's estate, such as through inheritance laws or a divorce settlement, unless those rights have been legally waived or terminated. It's advisable to consult with a legal professional to understand your specific rights in this situation.


If you were never served with the divorce papers but the court granted your spouse a divorce by default are you legally divorced?

If you were never served the divorce papers but the court granted your spouse a divorce by default, the divorce may be considered valid depending on the laws in your jurisdiction. It is important to seek legal advice to understand your rights and options in this situation.


What paperwork is needed for a divorce?

The paperwork needed for a divorce typically includes a petition or complaint for divorce, a summons, financial disclosures, and any additional forms required by the court in your jurisdiction. You may also need to provide documentation such as marriage certificate, income statements, and asset disclosures. It's important to consult with a legal professional to ensure you have all the necessary paperwork for your specific situation.

Related questions

If you got married before your divorce was finalized are you legally married to the second husband?

No


Does consider husband and wife legally married if they live together after the divorce?

No, they are divorced.


Can you be legally separated while living in same house as your husband?

Yes, in fact the only way you can divorce your husband is while you are married to him.


If your husband gets a sex change are you still legally married?

Yep! But you can always get a divorce!


How do you put your husband out legally?

Thumb through the yellow pages and pick "divorce lawyer"


Can you divorce your husband?

Yes. Divorce is legal in all 50 states. The only situation in which you could not legally divorce your husband is in the case of a married same-sex couple living in a state where same-sex marriage is not legal.


Can a husband legally kick you out of home prior to divorce in Alaska?

Usually not. You are as entitled to the communal home as he, until and unless a divorce decree tells you differently.


Is it true that you get your divorce automatically after two years living separately with your husband in mauritius?

You are only legally divorced after you file for and are granted legal divorce by the state. Period.


Your husband is in prison in pr you want a divorce you are in New York how do you go about it?

File for divorce in New York and forward the papers to the prison, a divorce in any state is legally recognized in all states.


Are you still married if your husband was deported 8 years ago?

Yes. No matter which of the two countries you were married in, you are married until one of you dies or you get a judgment of divorce signed by a judge. You can still divorce your husband, even if he lives in a foreign country. You can still divorce your husband, even if you cannot find him. You cannot legally remarry until you obtain a divorce.


What rights does an ex-wife have to ex-husbands property if she was not in his will or the executor of his will?

The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.The ex-wife has no legal interest in her ex-husband's property unless she was specifically mentioned in his will with an acknowledgment the gift should be given even after a divorce. The divorce severs the legal relationship enjoyed by people who are legally married.


In Washington State can You legally change the locks on your husband?

in the state of Washington can I legally change the locks on my house. My husband left in Sept. 2013 and we have filed for divorce. There is still 60 days waiting period left before the divorce is final. He has taken his personal belongings, but still will let himself into the home when I am not there.