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Roger, Attorney
Category: Family Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my wife and I own our home together. she is a homemaker and

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my wife and I own our home together. she is a homemaker and i have been the breadwinner. we both agreed to do this so she could home school our son. Our marriage has always been rocky. last month i got arrested for possession of marijuana and spent 5 days in jail until court. No one would come bail me out so i had to stay in there until court date. Result was simple possession, 1 year probation after which it can be expunged no jail time. Ive never been in trouble with the law in my entire life. When i got out of jail i found out the vice cop who went to search my house that night lied to my wife and told her i had over a pound of marijuana and i was a drug dealer. Of course this was a lie and they found nothing in my house at all. She said that's why she wouldn't bail me out.
When i got released from jail my friends took me home...understandably she was upset and she asked that i not stay at the house for a couple days and my friend said i could stay with him. Since then my wife has told me i cannot come back to the house ever again and if i did she would have me arrested. When i asked for what? she said because i had threatened her in the past. we have had bad arguments and we've both said stupid stuff in the heat of an argument, one time she even punched me in the chest which left a bruise. I believe she would call the cops and lie that ive threatened her...thats the threat she is using to keep me out of the house. Of course since im on probation any kind of arrest would cause me to violate it i guess.
The friend im staying with is leaving the country to live in New Zealand on May 28th and when he does ill have no place to go. Ive told my wife a couple times i may have to come home until i get on my feet again. the arrest caused me to lose my job of 10 years. I have no car(i had a company car), no job and will soon have no home. She said i cannot come home...and says to not force her to do anything by doing so. Ive honored her wishes so far but im soon to be up against the wall with no place to go.
What are my rights? I am the one who has been paying the mortgage since we moved in 3 1/2 years ago. Eventually we will get a divorce but i have to get myself back on my feet again and i need a home to be able to get that started. I dont have money to get an apartment and I dont feel like i should have to...i own a home!
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney in Tennessee. Thanks for your question, but I'm sorry for your trouble.

UNLESS there is a restraining order against you that orders you not to contact your wife and/or not to go back home, then you have a legal right to go there whenever you want - - it's your property. However, if you are afraid that she may claim that you have assaulted, harassed, threated, etc. her, then that's a big problem as it could mess up your probation and send you to jail.

Even if her allegations aren't true, the allegations could violation your probation. Thus, if you don't have a good feeling about returning home, it may be best if you didn't. If there's any other possible place you could go, that's an option.

The only other thing I can think of is if you file for divorce and get a court order allowing you to return to the marital home.

As I said, there's nothing illegal or preventing you from returning home IF there's no restraining order, but you don't want to put yourself in a position that could result in domestic violence charges or a probation violation.
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