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Divorce, what rights do I have ?

2007-01-16 02:42:16 · 20 answers · asked by gordiegirl6 1 in Family & Relationships Marriage & Divorce

20 answers

You have a lot of rights, but you'd better get a good attorney or you'll lose them.

2007-01-16 02:46:44 · answer #1 · answered by SLWrites 5 · 0 1

In the UK, if you are married then you have a right to occupy the family home.

If your husband has thrown you out, then it is possible to apply to the court for an Occupation Order. You could apply for an order stating that your husband must let you re-enter the property, and you could also apply for an order saying that he has to move out.

If these are to be granted however you will have to show the court a good reason why. For example, have you anywhere else to go? Have you got enough income to rent somewhere? if not, has he? Do you have childrento rehouse as well? The court does not make an Occupation Order lightly.

If you were unsuccessful in applying for this, then you could start divorce proceedings (if they are not already begun) and apply for "maintenance pending suit" to help you pay for somewhere while the finances are sorted out. Ultimately, unless one of you has the money to buy the other out, the house will have to be sold.

2007-01-16 02:52:39 · answer #2 · answered by Anonymous · 0 1

In California you can not remove any permanent resident regardless of marital status from your home without a written 60 day notice, unless you get a restraining court order. If you cannot afford an attorney you can go to Legal Aid for help. Also in California, the house is community property, that means that you own 1/2 interest automatically. If he has assaulted you in the process of throwing you out of the house then put the as$hole in jail. Good luck.

2007-01-16 03:04:20 · answer #3 · answered by Anonymous · 0 1

You have at least just as many rights as he does and in some cases more. Contact your local legal aid assoc for free advice and the local womens help groups for assistance if needed. You really have nothing to be scared of here. The courts tend to lean on the side of the wife in divorce cases. Good luck

2007-01-16 02:55:46 · answer #4 · answered by Arthur W 7 · 0 1

If the house in is both your names technically he can't toss you out. Your rights in divorce depend on the state in which you live, how long you were married and sometimes his alleged reason for putting you out. Contact one of your local women's organizations for more info and get your own legal representation if you decide to divorce.

2007-01-16 02:52:55 · answer #5 · answered by genuine1 3 · 0 0

call the police next time he threatens to throw you out of the house the police will tell him that it is your house too and you cannot be thrown out of it . He will have to go to court and get a divorce and then by that time he will find out that he has to split the cost of the house with you or buy you out . Sounds like a real loser to me ,threatening to throw a woman out of the house . yeah you got yourself a real winner there . Get yourself an attorney and I mean the meanest ,nastiest ,cutthroat you can fnd .And put the screw to him . good luck honey I will pray for you that all of this works out .

2007-01-16 03:15:46 · answer #6 · answered by Kate T. 7 · 0 1

depends on what stae you live in and how long you were married and if you had a prenup or not so i would contact a divorce attorney and see whats going on. maybe counciling might help check out all the options and good luck

2007-01-16 03:51:39 · answer #7 · answered by michellemadlinger 2 · 0 1

contact a solicitor immediately, the aim these days is to share things 'fairly' , make your needs known sooner rather than later. Oh, and sign nothing unless your solicitor OK 's it . Short of money; contact Citizens Advice Bureau.

2007-01-16 02:54:46 · answer #8 · answered by Anonymous · 0 1

Talk to an attorney as soon as possible....you have a lot of rights but they vary by state

2007-01-16 02:47:40 · answer #9 · answered by Alapooh 2 · 0 1

Engage a solicitor, is your first step.
As spouse you are entitled to half the cost of the house, for starters!

2007-01-16 03:07:22 · answer #10 · answered by Peter R 2 · 0 1

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