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What rights do I have within the home and how do I assert those

 
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What rights do I have within the home and how do I assert those rights. For example, if he takes the cable from my computer and TV (even though there is no additional cost to him), do I have a "right' to insist that he replace it? How do I insist on follow through. He said he was required to provide me shelter only. I continue to purchase and prepare food.

 

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State/Country relating to question: Alabama

Already Tried:
Insisting it be returned to its original place and threatening to call police (I understand I had no viable complaint for police)

Submitted: 325 days and 5 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
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Expert:  socrateaser replied325 days and 4 hours ago.

As a practical matter, you can't enforce any of your rights against your husband, unless you commence an action for either divorce or legal separation. If all of the marital assets and accounts are in your husband's name, and you have no access to any cash, then he can cut off services from your use.

However, if you file for divorce or legal separation, then the court can make appropriate orders to protect your interests. You may be entitled to alimony sufficient to maintain the marital standard of living. However, there is also the possibility that the court may require that you move out of the family home, if the home was owned by your spouse prior to marriage.

As far as contacting law enforcement goes, cutting off cable services is not domestic violence. But, if your husband's conduct escalates, there may be a point where the conduct does constitute sufficient threatened or actual physical or emotional abuse to provide grounds for a domestic violence restraining/protective order, or an arrest by law enforcement.

You may want to contact a local legal aid organization and see whether or not there are sufficient grounds to obtain a court order of protection. This could require that your husband vacate the home immediately and stay out for at least one year -- which could give you some leverage in reaching a settlement of your domestic relations disputes.

Legal Services Alabama, Inc.
Program Phone: (XXX) XXX-XXXX
Legal Assistance: (XXX) XXX-XXXX
http://www.legalservicesalabama.org/

Hope this helps.

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