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Can You Be Forced to Move Out of Your House in a Divorce?

Posted by J. Benjamin Stevens | Oct 20, 2015 | 0 Comments

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A bizarre divorce case in Texas was recently finalized, bringing to an end an unusual standoff between a husband and wife that led to the husband spending five months camped out in his own yard. The trouble began when Shahnaz Khan kicked her husband, Sharafat Khan, out of their house, telling him she wanted a divorce and she wanted him gone. The wife changed the locks and called police asking them to remove her husband. However, when the police arrived, they discovered that the home in the upscale subdivision was titled in both of their names.

Because the property was deeded to both the husband and wife and given that there were no accusations of domestic violence, the police could not force the husband to leave the property. For his part, Sharafat said he was opposed to the divorce and that he would remain on the property until his wife changed her mind and rescinded the divorce petition. That began a months-long standoff between the two as their divorce case winded its way through court.

The matter was recently resolved when a judge finally signed their divorce decree, which granted the wife ownership of the house and listed her as the sole owner of the million-dollar home. With the divorce finalized, Sharafat packed up his tent, got in a cab, and left his former marital residence for an undisclosed location.

The case highlights an issue that many couples wonder about when considering a South Carolina divorce: can one person be forced to move out of your house during a divorce? In the majority of divorce cases, one party will voluntarily move out once it's clear that the marriage is coming to an end, because it provides some much needed distance between the parties and lowers the overall tension surrounding the divorce.

However, if one party refuses to leave their marital home in South Carolina, things can get tricky. The reality is that just like in this case, it can be difficult to force a person that does not want to go out of their home, particularly if there are not any fault grounds in the divorce case. These situations require the assistance of an experienced family law attorney to help achieve the best possible outcome.

Source: “Divorce standoff at million-dollar home ends,” by Kevin Reece, published at USAToday.com.

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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