QUESTION
Can my husband put me out if he purchase the home while we are married?
Asked on Jan 23rd, 2016 on Divorce - Michigan
6 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, no, not without a court order allowing it. In fact, here's a little-known (and frankly, little-enforced, even when it is known) law governing your situation: Utah Code Section 30-2-10, entitled "Homestead rights Custody of children". It provides, in pertinent part: "Neither the husband nor wife can remove the other or their children from the homestead without the consent of the other, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family[.]"
Answered on Mar 14th, 2016 at 5:37 AM
If he does not have a court order, then the home, purchased after the marriage is considered marital property and based upon the information given, you have the same rights as he does.
Answered on Feb 03rd, 2016 at 3:53 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Not if your name is on the deed to the home.
Answered on Feb 02nd, 2016 at 11:29 AM
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Both spouses have an obligation under the law to support each other for the necessities of life, including housing. He cannot simply throw you out of the home you share. He can however request temporary orders in a divorce case to ask that you no longer reside together. You may be able to request alimony/spousal support to assist you in housing. You should visit with an attorney right away about your rights and obligations. Best wishes!
Answered on Feb 02nd, 2016 at 11:27 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally speaking he cannot do it. However this threat shows that the marriage is over or nearly so. The best thing you can do is to find an experienced family law attorney and find out how to protect your interests.
Answered on Feb 02nd, 2016 at 3:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to file for divorce or separate maintenance. Until there is a case the court has no jurisdiction.
Answered on Feb 02nd, 2016 at 3:51 AM