Tekamah, NE asked in Real Estate Law for Nebraska

Q: Can I force my husband to move out of my house?

My husband moved into the home I purchased prior to marriage. After 6.5 years of marriage I have filed for divorce and asked him to move out. He says he has squatter's right and I can't force him to move out. What I've read about squatter's rights, he doesn't qualify. Either way, can I force him to move out of my house?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: It is common for the spouses to not want to live together while a divorce is pending, but sometimes neither party wants to be the one that moves out. To ask the court to decide who gets to remain in the home while the divorce is pending, a party can file a motion for a temporary order and set for hearing. At the temporary hearing, the judge can decide whether one party is excluded from the home and whether the other party is granted exclusive use of the marital home while the divorce is pending. It is up to the judge whether to grant this request or not. The judge will often address other issues at the temporary hearing as well. This includes things like temporary alimony, temporary child support, and temporary child custody. If you have an attorney for your divorce case, they should be able to help you with this. If you don't have an attorney, now is the time to hire one.

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