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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My wife wants me to leave the home and the 4 kids. She says

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My wife wants me to leave the home and the 4 kids. She says she doesn't make enough to move out so I have to. I don't want to leave. She is the one unhappy and I think she should leave. I have no place to go and her mother lives down the street. She is being verbally abusive and her family is threatening me. She has a private bank account and uses her money on herself. I am still working out of our joint account that she also uses but I fund. HELP!
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Pro replied 7 years ago.

There is equal right to the marital home by both spouses - neither can force the other to leave except by court order for "exclusive possession" or by filing a protection from abuse order in which she would automatically get possession of the marital residence and you be exlcuded therefrom.

 

In fact, I've had some clients go through the entire divorce proceeding and then both stay in the marital home beyond the divorce because of economic reasons.

 

So, she is just plain wrong - she can't make you leave and you can't make her leave.

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Customer: replied 7 years ago.
She is making accusations about me to her family. Her father has threatened to come to my house to hurt me. How can I stop this?
Expert:  Law Pro replied 7 years ago.

What you can do is file a complaint with the police department and go to the local judiciary and file for a protection order from him.

 

The order for protection will prohibit him from coming onto your property and him staying away from you and anywhere else you would go (ie. work, grocery store, etc.). That if you are someplace - he must immediately leave of potentially be found if contempt of court and put in jail for violation of the court order.

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