QUESTION
If my husband owned our home prior to marriage and he is in jail due to domestic abuse, can he just throw me and my children out?
Asked on Jan 02nd, 2014 on Divorce - Utah
More details to this question:
My husband owned our home prior to marriage, but is on hold in jail for domestic abuse which put me in the hospital. I have 2 children, 1 of which is disabled. I do not work as I am a stay at home mom for her and his 2 year old daughter. The courts filed a no contact order against him and myself and 3 kids. When he gets out after 46 hour hold, he will try to make me leave. I have nowhere to go and I only receive my daughter's SSI. I would work and did before marriage but he convinced me I could be a stay at home mom and instead I learned it was a control situation. I can never leave house without him calling me a lot. My main question is, can he just throw me and my 2 daughters out? I am trying to get the money to file for divorce.
4 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Contact the Domestic Violence Judge, you may need to file a Motion. Normally the courts' Order ordering no contact has provisions as to who stays in the home.
Answered on Jan 07th, 2014 at 1:22 PM
If he wants to throw you and the children out, he will have to go through a legal eviction process, unless of course you voluntarily leave.
Answered on Jan 07th, 2014 at 3:44 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah, your husband cannot throw you and the children out of the marital home, even if he is the only title owner, *unless *he in good faith provides another homestead suitable to the condition in life of the family. *See* Utah Code Section 30-2-10: 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 Jan 07th, 2014 at 3:43 AM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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No not immediately File your divorce action as well as a Domestic Violence Restraining Order and the court will order him to stay away from the house until it is resolved in the divorce.
Answered on Jan 07th, 2014 at 3:43 AM