Full question:
If my wife has already made it clear that she is leaving and has moved her things out of the home; along with changing her address with the SOS, can I have her removed? There are other issues also like immigration fraud and her taking our son to her parents who have over stayed their tourist visa. She refuses to tell me where our son is ,but continues to sleep in my home.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Michigan
Answer:
A spouse has a right to reside in the marital residence unless there is a court order otherwise. Sometimes when a divorce action is filed, one party will ask for exclusive possession of the marital residence to be awarded pending the distribution of assets in the divorce decree. In some cases, a party will ask for a restraining order to prevent another spouse from entering the premises. Typically, a threat of harm needs to be shown before the court will grant a restraining order. However, without a court order, a spouse may not lock another co-owner spouse out of the home when the other spouse hasn't already abandoned the premises. However, if you have grounds to fear immediate violence, it may be reasonable to lock your spouse out until the police can be contacted and a restraining order obtained. Emergency, temporary court orders can be obtained in extreme circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
