Marital Property Rights Explained

Summary

During a marriage, both spouses generally have equal rights to marital property. To keep a spouse off the property, you may need a court order, such as a restraining order or an order for exclusive possession. Filing for divorce or legal separation and consulting a family law attorney is advisable to understand your rights and options.

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Of course, I'm here to help. Can you please provide me with some more details about your legal issue?
my husband and I separated in ****anuary and he put in a change of address. He now lives with his girlfriend while we are still married. The house I live in is in both of our names. Can I legally keep him off the property?
Are you currently going through a divorce or legal separation process?
not yet
Have you consulted with a lawyer or filed for divorce or legal separation yet?
no
Based on the information provided, it seems like you are not yet going through a divorce or legal separation process and have not consulted with a lawyer or filed for divorce yet. Here is some general information that may be helpful:

- In most states, during a marriage, both spouses have equal rights to the marital property, regardless of whose name is on the title or deed.
- However, you may be able to legally keep your husband off the property if you obtain a court order, such as a restraining order or an order for exclusive possession of the marital home.
- To obtain a court order, you may need to file for divorce or legal separation and request the court to grant you exclusive possession of the marital home.
- It is advisable to consult with a lawyer who specializes in family law to understand your rights and options in your specific jurisdiction.

If you provide me with your location, I can provide you with contact details of the nearest court or legal resources that may be able to assist you further.