An Angry Wife Can’t Just Throw Her Husband Out…Can She?

Question: My son and his wife have been married for about 12yrs. They live in a rented house and he is not listed on the lease. Whenever she gets angry with him she threatens to put him out. Is this legal?

The Judge’s Answer: No. Even though the lease is only in your daughter-in-law’s name, the apartment is considered the marital home. Your daughter-in law must go to court to obtain a preliminary injunction to exclude your son from the marital residence. In order to obtain a preliminary injunction, your daughter-in-law must show that physical or emotional harm may result if your son is not barred from the premises.