I am 5 weeks pregnant and my husband is making me leave what is technically his house, but I have absolutely no where to go and I don't make very much money.
2007-03-05 06:04:01 · 13 answers · asked by Niki L 1 in Family & Relationships ➔ Marriage & Divorce
I am 5 weeks pregnant and my husband is making me leave what is technically his house, but I have absolutely no where to go and I don't make very much money.
Of course the baby is his! He is making me leave out of anger, because last night he beat me and the police were called and took him to jail. There is a temporary protective order, which lasts until tomorrow at 5 p.m., at which time, of course he will be coming home.
I also failed to mention that we live in an apartment, rather than an actual house. My name isn't on the lease.
I'm very scared of what he'll do when he gets home, but I have no choice but to try staying here, because I have no where else to go.
2007-03-05 06:48:33 · update #1
The way I see it, and I could be wrong, is that there are two issues. Can you legally stay? Would you want to stay?
Sure, you may be able to legally stay in the home, but do you want to if he doesn't want you there?
You don't say why he is asking you to leave. Is the child his, or did you cheat on him and he is throwing you out?
I guess that doesn't really matter, I'm simply curious.
My follow-up question is why would you want to stay where you are not welcome.
Find a friend, a shelter, a church, someone to help with the situation and avoid the drama of fighting to stay in the home.
Legally speaking, we don't know if it's all his house or not. Did he own this home before marriage? Did he inherit it? If those things are true, it's possible he can say leave.
It's also possible that if you divorce you would not get 1/2 of the home, but only 1/2 of any increase in the homes value since you married.
But that is not your most immediate issue. Finding a place to live is. You can address the issue of dividing the home if this comes to divorce.
2007-03-05 06:10:14 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
probably about 30 days but only if he enforces it in writing. I think he needs a court order to do so as well and it sounds to me like he has neither. Maybe you should stay with family or a friend for the time being. Also go to social services and tell them your story and they may be able to help you with housing and food stamps and even medicaid. You can also apply for WIC. Find a cheap studio or one room apartment if need be for now. Why is he kicking you out if i may ask? This is very mean of him. File for divorce once you leave. Make sure to make him pay child and spousal support to you as well. SInce you are married i do not feel he can kick you out of the house anyways. Contact a lawyer or a parallegal and see what your rights are and start standing up for yourself. Good luck to you and your upcoming baby.
2007-03-05 06:25:05 · answer #2 · answered by Lady Hewitt 6 · 0⤊ 0⤋
If you are married, you legally have half the rights to the house. He can not force you out. Get a lawyer and get a order to remain in the house because u are pregnant...but..a judge will not force him to leave the house either. You are entitled to half of his house, his money, and the belongings..You need to go after child support and alimony if you are not working as well.
2007-03-08 10:45:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Look in the yellow pages under divorce lawyers, some give free legal advice over the telephone. Your husband sounds like a terrible man to kick you out especially when you are pregnant. Get some help from friends and family. Believe me you are well rid of that jerk.
2007-03-05 06:11:00 · answer #4 · answered by pictureshygirl 7 · 0⤊ 0⤋
You should start watching cops. If any of your stuff is in the house (which of course it is) you live there and he can't "tell" you to leave he would have to have an eviction noitce sent out on you. but with you being married that probably won't work. So speak with a lawyer. Go from there
2007-03-05 06:15:19 · answer #5 · answered by Krista 3 · 0⤊ 0⤋
If you are married, I don't think he can kick you out until after the divorce is final. And a judge awards the house to him. He would have to have you formally evicted and that could take a year. But I would be looking for alternatives in the mean time.
My sister tried to have her soon to be ex kicked out, but couldn't until the divorce went through, because the house is marital property.
2007-03-05 06:09:02 · answer #6 · answered by ? 6 · 0⤊ 0⤋
stay until he evicts you. do you pay any of the bills? is your name on the lease? if so you don't have to leave. do you have your own room? then let him evict you, it will go on you credit though. usually you have 30 days when someone tells you to leave. legally. if you don't you go to court the judge tells you to leave, you sometimes get 2 weeks . then if you don't get out the police can put you out. but he has to do it legally . or it's illegal.
2007-03-05 06:13:12 · answer #7 · answered by sassy 3 · 0⤊ 0⤋
If you were told to leave with a court order then it would be the dates on the order, if no order, you have until the cops drag u away if that is what it comes to.
2007-03-05 06:39:49 · answer #8 · answered by andyman 4 · 0⤊ 0⤋
if its your husband, and it is his house, then its techically 1/2 your house. You don't have to leave until you are divorced and the judge tells you that in the divorce agreement.
2007-03-05 06:10:33 · answer #9 · answered by ladydaisy 4 · 0⤊ 0⤋
You need legal advice. Go to your local Legal Aid agency.
2007-03-05 06:09:25 · answer #10 · answered by Monty L 5 · 0⤊ 0⤋