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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37010
Experience:  Attorney with 16 years experience
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I have been married for 2 1/2 months I moved in to my husband's

Customer Question

I have been married for 2 1/2 months I moved in to my husband's home he wants me out of the house now can he put me out? What are my rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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No he can't put you out if this is the marital home. You would have what is called a "marital interest" in the home by virtue of being married so he wouldn't be able to evict you from the home. The marital interest is automatic upon marriage and gives you a potential ownership interest in the house. For example, if he were to pass without a will, you would inherit some portion of the house.
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So regardless of his wishes, he can't legally force you to vacate the home.
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thanks
Barrister
Customer: replied 2 years ago.
What if I explained this to the officer and the officer said he had a right to have me out and the officer and him took my things out of the house? I am at a friends house now with my childre (they are not from this marriage?)
Customer: replied 2 years ago.
I am in the state of North Carolina
Expert:  Barrister replied 2 years ago.
Well, if that happened, then the police officer would be guilty of assisting in an illegal eviction and you would have grounds to sue the police dept for negligence. The police officer would simply be absolutely wrong in the eyes of the law.
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The only way he could put you out would be if he had an order of eviction against you and you were separated or if he had a restraining order entered against you which the police would have the power to enforce.
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I would suggest you contact the local sheriff's office and explain that husband is trying to force you out of the marital home and ask for an escort back.
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thanks
Barrister
Customer: replied 2 years ago.
Where do I begin what type of attorney do I go to?..Criminal ..Civil attorney? I just present the sherif with this the paper work from Friday?
Expert:  Barrister replied 2 years ago.
I don't know what you mean about any paperwork from Friday... you didn't mention any paperwork previously..
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If you can explain what you are talking about, then this might be a little easier to figure out what happened and why..
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thanks
Barrister
Customer: replied 2 years ago.
Meaning I would have to go to the police station to get the "write up" of the events of that night what the officer wrote up.
Do I need to take this to the Sheriff's office to show what happened so he can escort me back to the house instead of showing up to Sheriff's office with no documentation. .
Expert:  Barrister replied 2 years ago.
Ok, I wasn't sure what you were talking about... If there is no eviction order in place from the court and you have been living there, then you can return at any time. So yes, it would be a good idea to get some type of incident report from the police to see what they are saying about the incident.
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Then you can ask for a sheriff escort back over to the property and the sheriff should be able to explain to husband that unless he gets a formal eviction order from the court, or a restraining order, then he can't force you out of the marital home.
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thanks
Barrister
Customer: replied 2 years ago.
Thank you.
Expert:  Barrister replied 2 years ago.
You are very welcome. And to be very honest with you, I am shocked that the local police would have acted this way as they always tell the homeowner it is a civil matter and they need to take it to court to get an eviction order..
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thanks
barrister

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