QUESTION
Can someone kick me out the house if the deed is in my name?
Asked on Feb 22nd, 2013 on Divorce - California
More details to this question:
My husband kicked me out of our home. The deed is in my name and he says he can get me for abandoning the house.
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Call the Idaho State Bar and get a referral. Some of the issue is the timing, but most of it will be about getting an eviction of your husband, then filing for divorce.
Answered on Feb 25th, 2013 at 4:30 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You should consult an attorney. There are many factors a court would consider before granting someone a "kickout" order. If you and your spouse have not filed anything with the court you might want to consider talking to an attorney to protect your rights.
Answered on Feb 25th, 2013 at 4:29 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have equal rights to the house.
Answered on Feb 25th, 2013 at 1:28 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You legally have a right to occupy the house. As a practical matter, however, if you have not lived in the house for a long time, the local police are not likely to assist you with entering the house against your husband's will. They might even arrest you if you breach the peace in attempting to enter.
Answered on Feb 25th, 2013 at 1:22 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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No, he has no right to do this.
Answered on Feb 25th, 2013 at 1:21 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Spouses cannot kick each other out without a court order. If you ask the cops to assist you in re-entering, they will likely do so and insist he give you a new key if he has changed the locks.
Answered on Feb 25th, 2013 at 12:52 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Talk to an attorney. If he throws you out, how can he complain you abandoned the house. Doesn't make sense. If he didn't get a court order kicking you out, you are entitled to live there until the house is resolved through the divorce and that could take 2-3 years. A house is a trial issue.
Answered on Feb 24th, 2013 at 11:48 PM