Can I keep my husband from entering our home if the house is only in my name?

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Can I keep my husband from entering our home if the house is only in my name?

Need some advice to protect myself and my children. I am married and my husband is out using drugs for the last 2 1/2 weeks. We have a truck and a car that are in both of our names and I am scared he is going to come take the other one. We have a child together and I do not want him taking him while he is using drugs. I told him to leave our house that is in my name because of his drug using.

Asked on February 5, 2012 under Family Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are married so he has just as much right to be at the home as you do. Just because it is titled in your name alone doesn't automatically give you unilateral right to keep him out. However, and this is a big however, his drug use and the potential of harm to you and your children should a) make you go out right now and get an attorney who handles domestic violence and other such family matters that could harm you and your children and b) have this attorney file a temporary restraining order against your husband and c) consider doing other things to protect yourself and your child while all of this is occurring, so you can be sure you will be okay. If the cars are in both of your names or otherwise, so long as you are married and not separated or better yet legally separated, any harm he causes while driving those vehicles can cause you to be sued, as well so make sure you talk to the lawyer about protecting your assets and separating yourself from him to protect what you have.


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