I am married and the house we live in is in my fathers names, and of course hes on my side, the land our house is on is rented, in my hubbys name, and the rest of the bill are in mine and his,We live in Texas, can I legally have him removed from our home, he has a bad drug problem he has to go? any help would be greatly and deeply appreciated.We also have 5 kids together which is why he has to go.
2007-02-13 00:54:59 · 19 answers · asked by blue s 1 in Family & Relationships ➔ Marriage & Divorce
talk to a laywer but I think you could put him out or get a restraining order on him.
2007-02-13 00:57:53 · answer #1 · answered by swimmyfishy 4 · 0⤊ 0⤋
Well the house is your fathers but the land it sits on is in your husbands name. Sounds to me your in a bad situation and the only way to legally resolve the issue is by going to court. You can not throw your husband out of the house or off the land without a judge ordering him to do so. I also live in Texas so if I were you I'd start calling some attorneys about this.
2007-02-13 09:03:42 · answer #2 · answered by Lucinda M 3 · 0⤊ 0⤋
I have a feeling that even the laws in Texas don't allow you to throw him off a piece of joint marital property regardless of his drug problems. Unless the police have reason aside from your knowledge to arrest him then there isn't much you can do about the drug use. You should inititiate divorce procedings and negotiate from there. The fact is you both have property and it has to be split equitably. I know this sounds infuriating given the circumstances but my sister is in the same situation and her husband has legal rights and obligations. You may really want to get rid of him but it won't keep him away from your children or prevent him from a legal share of your property. It also depends on if your state has 'fault laws'. It's very difficult and sad but things boil down to laws rather than what you want to have happen. Best of luck to you.
2007-02-13 09:25:27 · answer #3 · answered by Yogini 6 · 0⤊ 0⤋
Pardon me. But I think when you took your vows, it was "for better or worse". Wasn't it ? So why don't you first try to sort out "his" problem. (You don't think that it is yours - right !!!)
I mean there is assistance available for drug control. I know of the people who have gone to pot and came back. Have you tried that ? Or do you want an easy way out ? Have you thought of your children who will lead an orphan's life?
Having said that if you have done all that is humanly possible to address the problem proactively with compassion then get assistance from a social worker or an attorney.
2007-02-13 09:20:49 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes you need to contact an attorney who deals in property law. I'm sure there are lawyers in Texas. Contact the police to have him removed from the home.
2007-02-13 09:00:50 · answer #5 · answered by Lisa D 5 · 0⤊ 0⤋
you would probably have to move the house. since the land is in his name, he has ownership (so to speak) as long as he pays the bill every month. you can throw him out of the house since it isn't in his name but the house would have to be somewhere else, or you can change the name on the lease for the land to yours.
2007-02-13 09:17:28 · answer #6 · answered by pikachu 5 · 0⤊ 0⤋
Looks like you can throw him out of your father's home, but you will be opening a huge can of worms since he holds the lease for the land.
You probably need an atty to sort this one out.
2007-02-13 09:01:08 · answer #7 · answered by wizjp 7 · 0⤊ 0⤋
Yes you can have him removed but I would call and take your name off the bills so you aren't stuck with that debt, also due to his drug habit I would get a restraining order.
2007-02-13 08:58:35 · answer #8 · answered by swtlilblonde31 5 · 0⤊ 0⤋
Boot him out of that house. He can live outside on the land.
2007-02-13 08:58:34 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If he is doing illegal drugs, turn him into police. That should do the trick. Otherwise divorce him, he will have no claim to the house.
2007-02-13 09:15:07 · answer #10 · answered by lily 6 · 0⤊ 0⤋
You need to contact an abuse shelter for women and find out your options.
If you can afford an attorney, then that is your first step.
I wish you the best.
2007-02-13 09:02:18 · answer #11 · answered by yeller 6 · 0⤊ 0⤋