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 generally has the right to stay in the marital home unless a court orders otherwise. If a divorce action is initiated, one spouse may request exclusive possession of the home while the divorce is pending. In some cases, a restraining order may be sought to prevent the other spouse from entering the home, but this usually requires evidence of a threat of harm.
Without a court order, you cannot lock your spouse out if they have not abandoned the home. However, if you fear immediate violence, it may be reasonable to restrict access temporarily until you can contact the police and obtain a restraining order. Emergency court orders can be requested in urgent situations.
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.