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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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I mved backed to my marital home yesterday. My husband was

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I mved backed to my marital home yesterday. My husband was not thrilled of course and invited his father, step-mother, and a neighbor over. All of whom hate me and literally set up plan after plan to make it look like I was doing hings wrong, hurting them, etc. Can I get restraining orders on all of them due to their threats, yes some physical, some vy verbal, in order to keep them from the property. My father in law may be a partical deed holder although I went to the tax office yesterday and the certified copy I recieved did not say that and my husband has the mortgage in his name. Would that still give him rights to the property?

Floridalegalanswer :

Hi there!

Floridalegalanswer :

As far as the restraining order is concerned, I will provide you a link to the SC law for Domestic Abuse and Harassment and Stalking.

Floridalegalanswer :

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilP.htm

Floridalegalanswer :

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilQ.htm

Floridalegalanswer :

The links explain what is required to obtain a restraining order under the SC laws.

Floridalegalanswer :

For harassment and stalking you will have to prove the following: d. At the hearing, the plaintiff must prove by a preponderance of the evidence that the defendant has been engaged in harassment or stalking.

Floridalegalanswer :

For Domestic Abuse, essentially, among other things, you would have to prove that an act of abuse occurred.

Floridalegalanswer :

At the hearing, you can request that you be granted the exclusive use of the marital home.

Floridalegalanswer :

As far as the deed and home ownership is concerned, if the Father in Law is a partial deed owner, then he would be entitled to use of the property. If he is not on the deed, he would not have any rights to the property. The mortgage is the liability (debt) associated with the property, it does not give ownership rights. For example, you can be obligated to pay the mortgage and if you are not on the Deed, then you have no ownership interest in the property. Only a person on the Deed has an ownership interest.

Floridalegalanswer :

Likewise, you could be only on the Deed and not on the Mortgage. In this example, you would have an ownership interest in the property but you would not be liable for the Mortgage debt associated with the property.

Floridalegalanswer :

Please let me know if you have any follow up questions for me. Otherwise, please ACCEPT and RATE my answer. Thank you.

Customer:

I'm sure the police report will state the aggitation throughout the house. I did not stay. My husband is, according to the county, the only deed holder, I checked yesterday. My father in law is saying it is only in the event of his death but the certified copy I received did not state such so police said we would have to take it up with the court. I would have to everything pro se due to finances. I can't even find the proper form to file a hearing. However, even as the deed holder, I restraining order would keep him away at least temporarily. He is saying he will evict BOTH my husband and I. Then it will no longer be a marital home, then my husband can return. If my husband is a deed holder, even partial, it would for sure stay a marital home correct?

Floridalegalanswer :

Did your Husband obtain the Deed during your Marriage or prior to your Marriage?

Customer:

Prior to my marriage. I am trying to save my marriage. He is very passive and his family controls him. he only talks with me if they are not around.

Floridalegalanswer :

Okay. Property acquired prior to Marriage is generally Separate, non-marital property. However, if the property was used for the benefit of the marriage or shared with a spouse, then, it can become marital property. So, you will likely have a very good claim that you should be entitled to a portion of the marital home.

Floridalegalanswer :

In the meantime, you can request that you be awarded use of the Home on a temporary basis until the case gets finalized and the rights of the property are determined by the Court.

Customer:

Yes section 20-3-630. The police agreed and i was easily alowed back in the home. But so was my husbands family bc my husband invited them. By law even though they were setting me up, in front of the police, and saying awful things, they could not ask them to leave... a destraining order would stop that correct. Especially bc I definitely would have feared for my life if I stayed?

Floridalegalanswer :

Yes, a restraining order would prevent them from going near you or the property.

Floridalegalanswer :

If they violated a restraining order, they can be arrested.

Customer:

I don't want the home. I want to purposely be there WITH my husband so e have no choice to communicate. I am going through a marriage fitness course now, etc. I just don't want "everyone" else there.

Floridalegalanswer :

I can certainly understand that. Perhaps, you could convince your Husband to go to a Marriage Counselor to try to save the marriage?

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