Can my husband have me put out just because the house is in his nameand he owned it before we married?

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Can my husband have me put out just because the house is in his nameand he owned it before we married?

I and my husband moved in together (his house in his name) in 2002. We married in 07/05. He gets Social Security Disability and I had become disabled in 2005 as well. I never filed for Social Security because they told me it’s just more paperwork since we’re married. We are now separated and I have a Temporary Order of Protection against him. Court for the permanent order is in 2 days and I would like to know whether or not the judge could actually put me out with my 3 children. My husband has threatened this on numerous occasions, stating how I won’t get any part of this house because he owned it before we moved in. Also, do you think the judge will take into consideration how long we’ve lived “as married” or just married? (There was no pre-nuptial agreement). I also need to know if he can be forced by the judge to keep me on his Social Security Disability (force to hold off on divorce & live separately), as he didn’t want me to work and now I am unable to work due to multiple collapsed lung.

Asked on August 11, 2010 under Family Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have multiple issues going on that only a sit down with a family law attorney will help you sort out.  The short story is under most laws, you have a short term marriage and therefore many of the protections and privileges you would be entitled to in a long term marriage are simply not available for you.  If your husband owed the home before your marriage and only used his salary to pay for any expenses and you did not commingle accounts, then under the doctrine of equitable distribution which Tennessee follows, you may not be entitled to the home. Each of your disabilities would be taken into consideration.   If you have minor children, there might be some minor support implications but if these are his step children and he has not adopted them, it may be difficult to force the court to obtain any support for this children.  Further, if he earned any of his social security benefits while you were married and not separated or intending to divorce, there may be some amount available to you but again those formulas and entitlements would be based on a court analysis of the length of your marriage, assets owned separately and jointly and the like. 


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