QUESTION
What should I do if my husband kicks me out of the house?
Asked on Dec 24th, 2012 on Divorce - Georgia
11 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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Your husband cannot kick you out of the marital home without a court order of some kind. You should consult with an attorney in order to best determine how to proceed, as well as discuss your potential rights and options.
Answered on Jan 04th, 2013 at 7:54 AM
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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He does not have the right to remove you from the house without a court's Order. If you are purchasing the house, you share the house as tenants in the entirety and your rights as a married person is equal to his. If you live in a rental unit you are considered co-tenants and under Michigan landlord tenant law, your rights are again, equal to his.
Answered on Jan 04th, 2013 at 7:38 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can't keep you out of the house unless there's a restraining order. File for divorce.
Answered on Jan 04th, 2013 at 6:29 AM
Gary Moore
If he has been supporting you, you can go to the Family Part, at the county courthouse in the county where you live, and file for support. You could go to the same Family Part and file a domestic violence complaint, if he used threats or force to evict you. If the complaint is accepted, he would then be barred from the house and you could return.
Answered on Jan 04th, 2013 at 5:36 AM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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File for divorce. Then perhaps you can have the court have him leave.
Answered on Jan 04th, 2013 at 5:33 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Get an attorney and sue for divorce.
Answered on Jan 04th, 2013 at 5:33 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you are a part-owner of the house, or on the lease, you have an equal right with your husband to reside in the property. You can ask a police officer to assist you in regaining entry. If you truly fear violence from your husband, you can go to the county courthouse and seek a domestic abuse restraining order. They can even waive the fee. But this is a serious business, and you will be under oath. So be sure to have your facts in order and at hand: you must show that based on recent events you have a well-founded fear of being the victim of violence from him.
Answered on Jan 02nd, 2013 at 10:17 AM
Sharon Adams
You have as much right to remain in the home as he does regardless of who pays the mortgage and other bills. Obviously, if there is physical violence involved, you should seek a protection order from the court.
Answered on Jan 02nd, 2013 at 10:17 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Get a court order kicking him out or find somewhere else to live.
Answered on Jan 02nd, 2013 at 10:16 AM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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First, find a place to stay. If there is no reasonable probability of violence, you can always go back to the marital homeplace. Second, call a lawyer as there are various other things that may be good ideas or bad ideas depending on your circumstances.
Answered on Jan 02nd, 2013 at 10:15 AM
You can stay. You're husband cannot kick you out of the marital home. I would consult with an attorney and file for divorce.
Answered on Jan 02nd, 2013 at 10:15 AM