Can I have him put out of my house

UPDATED: May 15, 2009

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Can I have him put out of my house

My husband is now incarcerated. We have been seperated since before he went to prison. I am filing for my divorce. He has no personal belongings at my house. If he comes to my house when he gets out can I have him removed from my property or will he be able to move himself right back in because we are married? He has told me he will kick the door in.

Asked on May 15, 2009 under Family Law, Mississippi


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Parties who are married are entitled to live in a house that is marital property. However with every rule there are exceptions. If your husband is threatening you or your safety or any children's safety you should get a restraining order. If he is violent or may be violent you have a right to keep him off of the property.

You should contact family services and ask them for help on how to apply for a restraining order. You also should file for divorce as quickly as possible to ensure that the marriage is dissolved soon to end any issues that may arise as to his right to be on your property because upon the divorce being finalized he will not be allowed to enter your property.

First and formemost look into the restraining order than get the divorce moving. You should get yourself a divorce attorney and they also will be able to assist you further with the restrianing order and any other possible avenues of relief available to you

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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