Family Law Questions? Ask a Family Lawyer Online.
Hello. My name is Alex.Thank you for your question.I will be happy to provide you with information you are seeking for educational purposes only.
Was divorce already filed?
Did the mother consult and retain an experienced local family law attorney?
Thank you for your follow up.
Who is living in the marital home right now?
So, who has changed the locks and who took out the clothes?
Please keep in mind that I need to understand the situation, so I can provide you with correct answer.
Why did the mother children agree to vacate / leave marital home?
Did the mother call police and asked police to be let back into marital home?
Unfortunately, generally the wife cannot refuse her husband entry into the marital home that is owned by the husband without a court order.
So, once the divorce is filed, then the wife can ask the court to award her and the children sole possession of the marital home, until the end of divorce and also the court will determine whether to consider house a marital or non-marital property, since the husband claims that the house was given as a gift / advanced inheritance.
I wish you the best of luck!
Yes. My answer is based on the Louisiana law.
It is important for the mother to consult and retain an experienced local family law attorney or if she cannot afford a private attorney, then she can contact local legal aid office for free or low cost legal help.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.