My husband won’t leave, won’t let my kids and I stay in the house without him, and yells at us constantly. What can I do?

UPDATED: May 15, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 15, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My husband won’t leave, won’t let my kids and I stay in the house without him, and yells at us constantly. What can I do?

I am married with two kids. My first son is from a previous marriage. Before marrying my 2nd husband, he had me sign a prenup saying if we divorced, he would get to keep the house, which is in his name. I don’t want the house. However, I do want him to leave until I can afford to get a place of my own. I don’t want to disrupt my two children’s lives. My husband verbally abuses me in front of my two children. I have nowhere else to go right now… is there anything I can do temporarily to make him leave temporarily until we have a safe place to go?

Asked on May 15, 2009 under Family Law, North Carolina


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to talk to a good divorce lawyer in your area, as soon as possible.  There are a number of ways to find the attorney you need, and one of these is our website,

You will want to ask your lawyer if what your husband is doing would be considered domestic violence;  if so, you may be able to get a restraining order that will remove him from the house.  Domestic violence is not only physical, it can also be found in cases of verbal and emotional abuse.

It's possible that the prenuptuial agreement isn't valid.  There are a number of things that have to be included in a prenup, and you should bring that along when you see your lawyer.

However, your husband might not need the prenup to keep the house -- at the end of the divorce.  But, in the meantime, it is still your home, and your children's home.  Don't try to protect your rights, and the children's, on your own!

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption