13 Jan Why Your Abusive Partner Can’t Kick You Out of Your Home
It’s hard to find the courage to defend yourself from an abuser, but never forget that you have rights and ways to protect yourself. For example, when it comes to your living situation, read on to learn why your abusive partner can’t kick you out of your home.
You’re Married
Even if your name isn’t on the mortgage or the lease, if you live with your spouse, you have the right to occupy the “marital domicile.” Your spouse can’t legally kick you out. If they threaten to do so, contact a lawyer as soon as you can safely do so.
Washington is a community property state: any property acquired during the marriage belongs to both partners, even if only one person’s name is on the mortgage. The situation could get complicated if one partner used an inheritance as a down payment on the home. Still, if you’ve been living there for years, courts would probably consider the home community property anyway.
You Have a Restraining Order
If your spouse is abusing you, you can ask the court for a restraining order that would keep your abuser out of the house, regardless of whose name is on the mortgage.
A restraining order can require your partner to leave the house and stay away from you and your children. Such an order can also require your spouse or partner to keep paying their share of the bills.
You’re Considered a Tenant
When you move in with someone you aren’t married to and live together for a certain period, you’re likely considered a tenant with a tenant’s rights. The only way your partner could legally kick you out is through a formal eviction process.
If your partner files an eviction action against you, contact a lawyer familiar with Washington’s “committed intimate relationship” law (typically called a common law marriage attorney, even though Washington doesn’t recognize common law marriage). Your lawyer should be able to defend your interests in the property and your right to continue to occupy your home. This is true even if your name is not on the lease or mortgage.
Be prepared to prove that you live in your home with mail addressed to you or evidence that you have paid utility bills. Even if your partner has threatened you, reporting the abuse to a “qualified third party” (a police officer or sheriff, medical professional, counselor, or domestic violence advocate) is essential. You’ll need such a report to get out of a lease or your abuser out of your home. Even if you’re not married, you can still ask the court for an order of protection that removes your abuser and requires them to keep paying their share of expenses just as they did before they got ordered out of the home.
In Washington state, contact LaCoste Family law to defend your right to occupy your home and to take steps to remove your abuser. We’ll help you understand why your abusive partner can’t kick you out of your home and assist you in finding ways to stay safe and remain in your home.