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LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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Can I legally make my husband leave the house?

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Do I have any grounds to make my husband leave the house if he is using drugs and/or he is being abusive? The mortgage is in both of our names.

Hello, Thanks for choosing! I look forward to helping you today.

While you are not able to make him leave the marital home in absence of a court order, you may get a restraining order and have him removed that way.

He would technically be allowed to come home as soon as the restraining order expired (it is up to the judge how long to make it for), but it would give you some temporary relief and allow you to file for either separation or divorce. At that time, a court would be able to tell him he had to move out.

Customer :
Do I have grounds for getting a restraining order if he is using drugs, if he has not been physically abusive in a month or so.

Not for the drug use (although you could call and have the police come over and arrest him while he is doing the drugs) but for the physical abuse, definitely.

You just have to fill out an affidavit saying that he has been abusive to you and that you are in imminent fear of bodily harm.

The judge will grant or deny it within 24 hours. If it is denied, your husband will never know you tried to file it.

If it is denied, you can file for separation if you don't want to file for a divorce just yet. Filing for separation gives the court jurisdiciton over the two of you and will allow the judge to tell your husband he has to leave the marital home.

Customer :
OK. Thanks. Trying to figure out my options. I have no family or anyone here and not sure what to do. I don't feel I should have to leave the house when he isn't paying for anything, doing drugs & is abusive at times. I do realize that I may have to just to protect myself. I was just hoping for another option.

You have been very helpful.

You are very welcome and I wish there was something easier I could suggest; however, the law takes very seriously any attempt to remove a person from their home. There are safety nets for people so their due process rights are not violated. But you have rights too and the restraining order should be pretty easy to get.

And of course, the most important thing is your protection.

So if you need to, you can go to a battered women's shelter.

And then ask the court later to remove your husband from the home so you can go back.

Customer :
Oh. Didn't think of that either. The shelter -yes, just not trying to get him removed after I left so I could go back.

Well, it is definitely an option. And yes, you could get him removed after you leave. Most shelters even offer free legal help.

I will be praying for you. Please feel free to come back to this thread at any time and ask more questions about this situation if you have them.

Customer :
Thank you.

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