QUESTION
Who has the right to stay in the house during an a divorce?
Asked on Jun 16th, 2015 on Child Custody - Michigan
More details to this question:
We are planning on filing for divorce in the next 6 weeks and we agreed on everything but now husband is threatening to throw me in the street. I am entitled to part of his 401k which will not be released to me for 4 to 6 weeks after the judge signs the divorce paper. My husband now wants me out before I receive the settlement and I can't afford a place til i get that money. Can he do this when I will have physical custody of our 10 year old son?
12 ANSWERS
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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Absent domestic violence, both parties have the right (in family court) to reside in the family residence. It does not matter who owns the family residence. If the parties are tenants, the landlord may remove one or both occupants if there is a legal right to do so, but the family court will not.
Answered on Jul 28th, 2015 at 12:42 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In Ohio, no; as long as there is no threat of physical violence or a court order, both parties can reside in the house; If he threatens you or your son, you should seek a restraining order to have HIM removed from the home
Answered on Jul 28th, 2015 at 12:42 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You need to hire an attorney who can help you with obtain custody of your child, child support and use and possession of the family home.
Answered on Jul 28th, 2015 at 12:42 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Probably not, but you need to have a lawyer and the lawyer needs more information.
Answered on Jul 28th, 2015 at 12:42 PM
No, your spouse cannot kick you out of the house. You can suggest to him that he get the settlement money, show it to you and give it to you at the same time as you leave the house for good. Otherwise, he will have to go back to Court to get you out. Good luck.
Answered on Jul 28th, 2015 at 12:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Where is your attorney. Any settlement or judgment should be practical as well.
Answered on Jul 28th, 2015 at 12:42 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well he can try. If the parties cannot reach an agreement, one or the other can seek a hearing on a temporary order providing for matters which must be attended to during the pendency of the divorce. Generally, if you have primary physical placement of the child(ren), you are more likely to have the temporary but exclusive use of the homeunless he has a stronger need for it, such as if it is also his place of business. Consult an experienced matrimonial lawyer. It's almost always worth it.
Answered on Jul 28th, 2015 at 12:42 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Either one of you can live in the house and both of you have the same rights to the child. Don't sit on your thumbs and wait. File the divorce and make a motion for temporary orders asking the court to let you stay in the house (pending a final decree) get a temporary parenting plan and a temporary order of child support. Unless the house is his separate property, you will both end up with a portion of its value.
Answered on Jul 28th, 2015 at 12:42 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You both have equal rights to the home until or unless a court says otherwise.
Answered on Jul 28th, 2015 at 12:42 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Both parties may reside in the home until the Judge says otherwise. (Of course you do not have to share the same bedroom)?
Answered on Jul 28th, 2015 at 12:42 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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That issue, like all others, will need to be decided by the parties or brought before the Judge for a decision. Consult with an attorney to fully discuss these issues and explore all options in the process.
Answered on Jul 28th, 2015 at 12:41 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You need an attorney.. there is a "status quo" order that should be entered in the divorce to keep you in the house until you are ready to move out.
Answered on Jul 28th, 2015 at 12:41 PM