QUESTION
What do I do if my husband kicked me out of our home and says he wants a divorce but the house has both of our names on it?
Asked on Jul 05th, 2013 on Divorce - California
More details to this question:
I do not want the divorce. I have been a stay at home mom for 4 years and have no income and living with my mom. He has the kids. He says I cannot have the kids because of my mental illness which is controlled with meds and counselling.
4 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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If you live in the state of Utah, I have good news (although the courts don't pay any attention to it): 30-2-10. Homestead rights Custody of children. 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; and if a husband or wife abandons his or her spouse, that spouse is entitled to the custody of the minor children, unless a court of competent jurisdiction shall otherwise direct.
Answered on Jul 09th, 2013 at 8:50 PM
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See a lawyer right away!!! Even if you do not want to divorce, if you do nothing you could lose everything - rights to your home, rights to support from your husband, and custody of your children. It is imperative that you visit with a local family law lawyer as soon as possible.
Answered on Jul 09th, 2013 at 10:03 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Whether or not you want a divorce, it is going to happen. Get an attorney and, if he hasn't filed yet, file for divorce and see about getting some visitation or custody of your children.
Answered on Jul 09th, 2013 at 9:58 AM
He has no right to kick you out of your home. Talk to an attorney and go home and be a mom.
Answered on Jul 09th, 2013 at 9:54 AM