Found an issue on this page? Let us know and we will look into it as soon as possible.
Can my wife kick me out of the marital residence, even though everything is in her name, including the house, bills?
Anonymous3 views2 answers
My wife is trying to kick me out of our house. She is not willing to be married anymore because, "I am mean." Is there any kind of paperwork or order that a judge can give to stop my wife from kicking me out? Can I get a court order to make her stop, or does she legally have the right to kick me out regardless?
We've only been married about 16 months. I moved into her house, so it is in her name as well as the utilities. I don't want to be homeless, I have nowhere to go and no job right now. There is no type of abuse going on and everyone is safe. She just wants me out, pending a divorce. Thanks.
Don't you budge! She married you and you have a right to live there. However, if you assault her or threaten her, then she could get a 50B order or criminal warrant and get you out of the house. Some people lie and say things like that happened when they really did not. On the other hand, you can do the same thing. If she has been physically abusive or threatening to you, then you can get a 50B and kick her out of her own home. I have done that before for clients. Talk to a local domestic lawyer in Wilmington.
In the meantime, don't let her goad you into a physical altercation. No matter how much she taunts you, etc., do not touch her or threaten her in any manner. Of course, you can say things back to tick her off. You might consider getting a little portable recorder to hide in your pocket. When she goes off yelling and screaming, hit the record button, but don't let her see it. Several of my clients have used this in court before with great success. If you do this, you must be the total victim. Don't say anything back which would come across on the recording as spiteful or negative. Let her be the bad guy.
Do not leave the residence voluntarily.
There are several ways that she would be able to legally remove you from the home prior to a divorce. One would be to have you removed for domestic violence, so do not under any circumstances do anything that may be seen as abusive towards her.
Secondly, she may be able to file for a divorce from bed and board which is a civil action for a judicially ordered separation and to have you removed from the marital residence.
The grounds she can use to have you removed are if you abandon her, maliciously turn her out of doors, engage in cruel or barbarous treatment that endangers the life of your wife, offer such indignities to her as to render her condition intolerable and life burdensome, if you excessively use alcohol or drugs, or if you commit adultery.
