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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I my husbandd owned the house prrior to marriage but after

Customer Question

I my husbandd owned the house prrior to marriage but after I waas added , and he is trying to kick me out without my kids.. wwhat are my rigghhts?? Important t mention he is verbally andphysically abusive and controls all the money.
Submitted: 7 years ago.
Category: Family Law
Expert:  Joseph replied 7 years ago.
If i understand you correctly, your name was "added" to the mortgage and/or deed to the home after you got married. If this is correct, this creates a presumption that the home is, in fact, marital in nature. As such, you would have a financial interest in the home if a divorce is filed.

Additionally, your husband can't kick you out of the marital home. As the home that you resided in together as husband and wife, you have as much right to live there as he does.

You stated he is "verbally and physically abusive". If this is true, you may be able to file for a restraining order (RO) against him. To do so, you would go to the local clerk of court and fill out the RO paperwork. In the paperwork, you would detail all the incidents of violence or threats of violence. If the RO is granted, your husband would have to leave the home until the matter is fully litigated.

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Customer: replied 7 years ago.
Thanks Joseph I may be in contact again.
Expert:  Joseph replied 7 years ago.
I'm glad I could provide some assistance. Feel free to contact me at any time.

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