QUESTION
If my husband wants to separate do I have to leave our home?
Asked on May 25th, 2012 on Child Custody - Mississippi
More details to this question:
If my husband want to separate do I have to leave our home? And also does he have the right to take the vehicles that we purchased when we got married from the home?
2 ANSWERS
Fraud Attorney serving Pass Christian, MS
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Tom Payne & Associates, P.L.L.C.
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In the State of Mississippi as long as you are still Married and no other restraining order has been issued both of you have equal rights to your property whether it is realty (land or house) or personal. If you wish to separate it is in your best interest to get a temporary maintenance order from the Court that spells out each one of your rights as to marital property and finances. Although not recommended there exists no law requiring either party to move from their residence. However, you can not sustain a divorce action if you are still living as husband and wife.
Answered on Jul 03rd, 2012 at 3:09 PM
Criminal Defense Attorney serving Ridgeland, MS
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Jones Law Firm
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No you do not have to leave. We need more information about the vehicles but, generally, you should be able to keep your normal transportation.
Answered on Jun 22nd, 2012 at 12:27 PM