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My spouse is trying to kick me out of our home. Is that legal?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

My spouse is trying to kick me out of our home. Is that legal?

Generally speaking it is not legal for one spouse to kick the other spouse out of the home if you're going through a divorce or some kind of hard times. If it's your residence and your spouse's residence you both have the right to be there. Unless you are committing domestic violence or something were the police will get involved or the court will get involved and prevent you from being in the home because you pose a threat of harm to the other party.

Be aware however that just because a party may not have the moral right to kick you out of the home you do not want to go down the road where they file a false claim against you for domestic violence, or file a domestic violence injunction and have you arrested, charged with a crime, or in joint from being around your own home. Usually it's better to try and amicably resolve these situations rather than living in that hostile environment especially if there are children involved.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...


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