Question:

Rights after getting kicked out of my home?

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I am going through a divorce (my husband filed) and I have two boys. When we had our first hearing we signed papers saying I was to live in that house until the divorce is over. One day my husband kicked me out kicked me out of the house and moved his sister and her husband in. They say I don't have any right being there that it is not my house. I have been living there for over 8 years and my name is not on the house itself, but on all the bills, court papers, tax information, every thing you list your address on. So what can I do? What are my rights? His sister says he moved out (I think it was just to p**s me off), but that is still my primary home. So what can i do?

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5 ANSWERS


  1. You need to go into court immediately and request an emergency hearing, your soon to be ex is in contempt of court at this point, irregardless if your name is on the title, you lived in the house for eight years, both of your children where living in the house, he can not just subvert the legal process by moving his sister into the house


  2. Sure all of the legal stuff will come later. Actually things might be tough now be be glad that he pulled all of this stuff as it will be helpful in court later.

    There is the whole eviction thing that has to be done even if not related. But the fact that you are married changes all. It is technically your house even though you are not on the mortgage.

    Trying to keep it simple. He violated a court order and that is great as you would not even need that as you are married.

    You show at the front door and call the police with papers in hand. The police will go to town in order to settle it. Husband, brother and sister will just be taken away in order to keep the peace. You have the legal right to be there.

    Odds are your husband will mouth off. But the law is the the law.

    It is going to be a horrible event personally. But what must be done must be done. You have to take your power back, get the house, kick out the siblings, have police records and do what you have to do. A COURT HAS SAID. And no time to be shy.

    My sincere wishes that you do well as any man who kicks people out and involves others....... gets everything he deserves.  

  3. call cops, show papers, get the house back.

  4. Get a lawyer, call the court and request a hearing.  If you both signed papers agreeing that you were allowed to stay in the house until the divorce is final, the court can order your husband to let you back in.  As for the argument that it is not "your house," that's for the court to decide.  Just because your name isn't on the mortgage or the deed doesn't mean you don't have any rights (especially if you live in a community property state like California -- in community property states that house is half-yours no matter whose name is on the deed).

  5. You will need to take legal action.  To keep things from getting ugly, you will want a representative, with legal papers to both evict those that have moved in and to move you back in unobstructed.  You may be able to get the county sheriff or the police to help you with just the papers that say you are to live there until the final settlement

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