Can my partner throw me out of his house?
No! Legally, it's her home, too—even if it's only his name on the mortgage, deed, or lease. It doesn't matter whether you rent or own, your spouse can't just kick you out of the marital residence. Of course, that doesn't mean that, sometimes, for whatever reason, it's not better to just go ahead and leave.
Who keeps the house in a separation?
One individual owns the home and has their name on the mortgage. The other party, however, pays the bills. In the event of a split, the individual whose name is on the mortgage will have a greater right to the home.
What are my rights as a house partner?
If you are joint owners, you and your partner have equal rights to stay in the home. If you can't agree what should happen to the home, you can ask the court to decide – for example, they might decide you should sell the home. However, if you have children, you can ask a court to transfer the property into your name.
How do you decide who keeps the house?
Who Gets the House in the Divorce? If the house is separate property, the owner-spouse will get the house. If the house is community property, there are several ways it can be divided, either by agreement or court order, in the divorce judgment.