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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3625
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My husband and I have been separated for 6 months, he lives

Resolved Question:

My husband and I have been separated for 6 months, he lives in a townhouse, and I and my son live in the house,, and pay the mortgage, and all bills. Question:can my husband legally serve my son (18 yrs) with 5 days to vacate premises? My name is XXXXX XXXXX mortgage. And we have been married 20 years.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good afternoon. I'll be assisting you with your question.

texlawyer :

Just so I have this correct, your husband, who lives in the townhouse, served your 18 year old son with a 5 day eviction notice, and your son lives in a house with you. Is that correct?

JACUSTOMER-j9we5w50- :

yes. He assaulted our son Dec 26th 2012. He was arrested and taken to jail. We had an order of protection on him, until March. In the meantime he turned in a change of address to the post office on Feb 5, 2013. He hasn't been back in the house again.

texlawyer :

Your son can simply ignore that 5 day notice. Your husband does not have the legal authority to evict anyone from the home. There are several reasons.

texlawyer :

First off, he is not in possession of the home, so he has very little say in who can live there.

texlawyer :

Second, there is no lease agreement between him and your son, so an eviction is not a proper method to force him to leave.

texlawyer :

Third, your son has consent from the occupant and co-owner of the home (you) to reside there.

texlawyer :

Simply put, there is very little your husband can do about your son living there.

JACUSTOMER-j9we5w50- :

Can he dictate who can visit us? Such as my son's friend. Can he come? When I have all ready stated that he is welcome here?

texlawyer :

No, he can't dictate who visits, but he can come to the house if you don't have a restraining order.

texlawyer :

When you say "he" are you talking about your husband or your son's friend?

texlawyer :

I guess it doesn't matter, since both have the right to come over.

JACUSTOMER-j9we5w50- :

Husband had No Trespasses served on both the father and son. And can my husband come or send someone to get the vehicles on the property, they were purchased during our marriage. Shouldn't that be decided in the divorce litigation? His family came 8 times, all hours of the night, etc. He took all certificates, marriage licenses, titles to cars, deed, grandchildren and son's savings bonds, closed 7 savings accounts and our joint checking accounts at the bank, Closed and took money from our son's checking, and 2 savings accounts at the credit unions, Sent realtors over to list the house for sale, attempted to close my own checking account, tried to cancel car insurance. Did cancel dental insurance, and attempted medical insurance.

texlawyer :

All of that should be decided during the divorce. You need to being divorce proceedings as soon as possible, because the divorce judge will put in place emergency orders that will control who can be where and when. This situation clearly needs court supervision. If not, there is very little that can be done about when he comes over. Once this is in court, the judge can hold him in contempt for many of the things you've described.

JACUSTOMER-j9we5w50- :

These all happened while he was on the order of protection. Can he send someone do get whatever?

texlawyer :

No. You need to make the judge who issued the order aware of this.

JACUSTOMER-j9we5w50- :

Oh my! I have been terrified of him all this time. He was arrested last year, for threatening to blow my brain out. This time he was going to burn the house down around us, after he killed us. The arson team came out and got the evidence. Anyway, he I free, and we are in fear. And literally am so shocked by what you say. I thought it, but now I know. I will get the proceding started immediately. The papers were filed in court 3 months ago, but he nor his attorney will disclose his address so he can be served.

texlawyer :

The judge will issue orders regarding contact between you and your husband. If he violates those orders, he can be held in contempt by the judge and thrown in jail. Also, you should contact the police about the threats, if you already have not. Making threats like that is a crime.

JACUSTOMER-j9we5w50- :

Oh yes I have told the police. They were going to get him mentally evaluated. But while he was in adult detention, the mental department was on holiday vacation. He was taken to a facility last year for a week. He has been diagnosed with PTSD from Viet Nam, and is on Zoloft. His last dose was in July prior to this. 3 years ago he beat our son across the back with a baseball bat. Social services and the doctor were involved. Because he was so sorry, and apologized they directed him to counseling. He went 1 time. This is just an example of the many other things he has done. We never had any security problems in the 20 years we have been here. Now people are coming in through the windows. We have security cams and systems installed. I thank you so much for your advise and for listening.

texlawyer :

Glad to help. I hope things work out.

texlawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer before you go.

JACUSTOMER-j9we5w50- :

No. You have truly been a blessing. Thank you so very much! I feel much "stronger" now. od Bless!

JACUSTOMER-j9we5w50- :

God Bless!

texlawyer :

I'm really glad I have been able to help you. Things will get better!

texlawyer :

If I've answered your questions, please remember to "rate" my answer before you go (that's how I get credit for my work). Good luck and God bless you and your son through your tough journey.

JACUSTOMER-j9we5w50- :

wonderful! Thank you!

texlawyer :

Also, keep in mind that this chat will always be accessible through your profile and if you have any questions in the future, you can direct them to me through my profile here: http://www.justanswer.com/law/expert-texlawyer/

JACUSTOMER-j9we5w50- :

oh~ great! thank you! You are awesome!

texlawyer :

Is there something else I can do for you? If not, please remember to "rate" my answers using the set of faces.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3625
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 6 other Family Law Specialists are ready to help you

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