Can my husband put me and the kids out of our house?

Question

My husband and I have been married for 12 years and together for 15 years. The marriage is just not working. He told me this weekend he had a gun and he was going to kill me. I called the police and I was told to get a order of protection on him. The police found no gun he said he was just trying to scare me. But he says when I come home from work Monday my stuff will be gone. He has already packed my clothes up. I really dont have any where to go. We have 2 kids together ages 8 and 11. I only work part-time and go to school full time. Please help. What do I need to do? Is there a free legal aid for a divorce? Please everyone out there please pray 4 me and my kids.
Thanks

Yes the police ask him to leave for the night to cool off. but that's funny because the situation went down around 7pm and he was back 12mid-night. we haven't talked since. I did a police report and I have recieved 3 calls from the police dept. telling me to make sure I come in and file a order of protection. Plus the police officer that came by has came back again to check on me.

Yes I did cheated.
I know it was wrong but my husband and I have been separated for 2 years now but living under the same roof. Just here for kids sake. Plus I found out he has a girlfriend and a new baby. The guy I was with was just a sex thang. But I have left him along and was trying to make things right with my hubby but its not going to work.

I woluld like to say thanks for all the kind words. And may God Bless All Of You.
Thanks

Answer 1

If there is physical abuse involved in your relationship, get out of the house for your own safety and that of the children. See if there is a women's shelter nearby.
If not, then the minute you step out the door or let him bully and buffalo you into going I am pretty sure it is considered abandonment and you may not have a leg to stand on in court.
Legally, he cannot throw you out of the house since it is half yours. Unpack your clothes and don't allow him to harass you.
Follow the police's advice and go and get an order of protection against him on Monday instead of going to work. That way after you serve it on him he will be the one having to vacate, and you will have law enforcement to back you up on it. Don't allow him to intimidate you or bully you.
GO in the morning and get the restraining order!

Answer 2

First, leaving for a ‘few days’ isn't considered abandonment. It takes longer than that to signify abandonment (and that i comprehend that wasn’t the be conscious that you used :). you want to work out an criminal professional and request to be granted non everlasting possession of the abode, non everlasting custody of the youngsters, and a non everlasting order for baby help. in case you do not have a court order granting you non everlasting possession of the abode, then if he comes back day after today, he has the right to waltz acceptable back into the abode and also you'll’t end it and the police received’t do a darn element about it (because he’s area proprietor and he has in basic terms as a lot acceptable as you to be interior the abode except a court says in the different case). even as your divorce case is going to court (if that’s what takes position), each little thing (martial sources) will be chop up equitably in accordance with the state guidelines (often 50/50 or as on the fringe of it as obtainable even as nevertheless be truthful to all activities). You received’t ‘get all of it’ (as reported by technique of previous responders). See an criminal professional!

Answer 3

Why don't you go move in with your cheat partner.
Oh, that's right, he only wants your sex. He probably does not want to deal with you full time.
Did you expect your husband to just accept your cheating.
You got the same reaction I would have given you." there is the door. I'll help you pack."
One major difference though.I would not have threatened you or let you take my children.

Sorry that I cannot generate a lot of sympathy for your getting tossed to the curb. Are all the people saying what a bad guy your husband is the same ones who who say once a cheat always a cheat? They really should check your previous posts.

Answer 4

I agree with the others, find a way out as soon as possible. There are many locale family safe houses where you and your children can go and be protected. Please do not wait for him to do anything else. You and your childrens lives are worth getting out. It wont be easy but it is better than the alternative. Good luck honey and you will be in my prayers tonight.

And don't worry about belongings, things can be replaced but your life cannot.

And as for flaggers remark below me~~~~~~ It doesnt matter what has happened no one has the right to threaten to use physical abuse on another So she does have the right to get the police involved


Honey take your kids and get away from that man. Pay no attention to the losers that think it is right to hurt somone, especially the mother of your kids. No abuse should be tolerated!!

Answer 5

First do what you were told, get an order

You can try legal aid but sometimes they will not help???? I was told once they only had funding for certain cases blah, blah, blah

GET A GOOD LAWYER!!

File for a credit card, whatever, drop out, two jobs but you need a great lawyer. Don't do this alone.

Get the kids before he does because you both have rights to them.Hide until you are ordered to allow him visits if you think he'll try to hurt you with them or they are too small to know

Good luck and don't fret it, so many divorces,so many men so little time!!

Answer 6

Take you and your kids and your stuff and get out now!!!!! do not wait until morning. Leave now and dont look back and once you are out file for divorce. He has not right to be threatening your life like this. You need to protect yourself and those kids. Go stay with a family member or a friend for now. Call 1-800-799 7233 and they will help you out with a place to stay . LEAVE NOW and dont look back! You are in my prayers and thoughts and I am here if you need someone to talk to.

http://www.drphil.com

Answer 7

First of all, the police should have taken him in for making unlawful threats. However, it sounds as if that's water under the bridge, Memphis cops, I guess.It sounds strange for me to want to stay after he threatened you with a gun. I take it you are assuming that he doesn't have one. This isn't smart. It doesn't matter where you go. You should leave for your children and your own protection. I would get the police involved and ask them for some intervention in trying to help you find some shelter. You can call here 800-799-SAFE. The persons here can provide crisis intervention and referrals to local services and shelters for you and your family.

Answer 8

No he can not put you and your children out. Even in a divorce the court will usually award the house to the woman because the children need a place to live. I suggest you go see a lawyer Monday morning.

Answer 9

how about taking the day off moneday get
the restrining order
change all the keys in the house (turn the table on him)
or you can ask a frirend to put you up for a few week while you look into some uption
remeber you use the police repert as proof that you have urgent problem with that you can some help from the goverment
Good luck

Answer 10

Yes i will pray for you and your kids. But you need to get a lawyer now and keep a record of everything that has went on thus far so when you do go to court you will have something to show him.Also get police records of each and every time they had to come out to your house.Stay strong: okay sweet.