If my husband threatened me with divorce and told me to leave our home, can he legally do this against my will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband threatened me with divorce and told me to leave our home, can he legally do this against my will?
My husband and I have been married for 10 years; dated 2 before marriage. Approximately 2 years ago we relocated due to his job. I had to give up a long term career for the move. In this move he has doubled his salary and mine has dissolved as well as my retirement, etc. Lately he has been threatening me with a divorce and each time he gets angry he tells me to leave or find somewhere else to live.
Asked on November 15, 2010 under Family Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
No, he cannot do this. In fact, unless a court court order is in place giving him sole possession of the house, it is still considered to be the marital residence (regardless whose name the house might be in). Prior to the final divorce decree, a court will rarely compel either party to leave the marital home until the divorce is final, except in the event of domestic violence. Consequently, you still have a right stay in the premises - no matter what your husband says. And if he tries to force you out either physically, by changing the locks, or otherwise, he can be held legally accountable.
Quite frankly, it time that you spoke with a divorce attorney just to go over your rights/options in the event that either one of your decide to file.
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 AttorneyPages.com 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.