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    Cgrhen49's Avatar
    Cgrhen49 Posts: 3, Reputation: 1
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    #1

    Jun 6, 2011, 04:41 PM
    Can my husband put me out of the house?
    I just got married in tn on may 28. Can my husband put me and our child out of his house he had before the marriage?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 6, 2011, 06:04 PM

    He may file in court and the court issue a order that you have to move. It is a matter for divorce court
    helk143jh's Avatar
    helk143jh Posts: 7, Reputation: -1
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    #3

    Jun 6, 2011, 06:28 PM
    It depends really. Each state has there own laws right? How long have you been married? Did u sign a prenup? From what I know, if your husband or YOU file for divorce, then it's up to the man to continue paying the women however much is needed for her to live, ESPECIALLY if he has been the one who provided for the family the whole time. I can answer more if you want to send me some more details. Unless u already have had the taken care of.
    I just want to add that, he is a **** if he can marry you then kick you out on the streets, with your child? Is the child his or from a previous relationship? That matters too. =-) If u want to send me more info I'd be glad to give u my advice. If your all set then I hope u get what you need taken care of and I pray that you and your child are safe no matter what. God Bless you sweetie.
    Cgrhen49's Avatar
    Cgrhen49 Posts: 3, Reputation: 1
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    #4

    Jun 6, 2011, 06:43 PM
    Comment on helk143jh's post
    This is our child together, she will be 11 months tomorrow. I broke my lease and started my intern on Tuesday for a teaching job so I will not have any income for two months except for his child support I was getting ready to stop because we got married. I have to pay $1,400.00 for breaking my lease and my last day at work for pay was Thursday of last week. I have a mileage check from old job for about $1,000.00 coming in about two weeks. I do not know what to do or what my rights my be if he decide to put me out.
    helk143jh's Avatar
    helk143jh Posts: 7, Reputation: -1
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    #5

    Jun 6, 2011, 06:44 PM
    I apologize, I'm stupid! Ok so it is his child! WOW that's fu**ed up! No He cannot just throw u out. You were married a month? If he was the provider then he needs to make sure you are taken care of and he needs to be paying child support. It's neglect or abuse to throw you child out on the streets, even if the child IS with you. You need to speak to a lawyer, there are one's that will let you speak to them and plead your case for free, Pro Bono (free, they get paid if u win) Try that.
    Cgrhen49's Avatar
    Cgrhen49 Posts: 3, Reputation: 1
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    #6

    Jun 6, 2011, 06:45 PM
    This is our child together, she will be 11 months tomorrow. I broke my lease and started my intern on Tuesday for a teaching job so I will not have any income for two months except for his child support I was getting ready to stop because we got married. I have to pay $1,400.00 for breaking my lease and my last day at work for pay was Thursday of last week. I have a mileage check from old job for about $1,000.00 coming in about two weeks. I do not know what to do or what my rights my be if he decide to put me out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 6, 2011, 06:47 PM

    He cannot just put you out on the street. He can however, file for divorce and force you to move as part of the divorce settlement.

    Why didn't you plan the wedding for when your lease was ending?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Jun 6, 2011, 07:04 PM
    Quote Originally Posted by helk143jh View Post
    I apologize, I'm stupid!! Ok so it is his child!! WOW that's fu**ed up!! No He cannot just throw u out. You were married a month? If he was the provider then he needs to make sure you are taken care of and he needs to be paying child support. It's neglect or abuse to throw you child out on the streets, even if the child IS with you. You need to speak to a lawyer, there are one's that will let you speak to them and plead your case for free, Pro Bono (free, they get paid if u win) Try that.
    Please stick to the law and the facts as they are presented. The verbage your using doesn't even come close to what reality is. Pro Bono DOES NOT mean they get paid only if you win. Also we don't allow swearing here. Please refrain from further use. Thanks.
    helk143jh's Avatar
    helk143jh Posts: 7, Reputation: -1
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    #9

    Jun 7, 2011, 06:55 AM
    Comment on helk143jh's post
    Here in Ma, if you have no money or if you are having money issues then you can apply for "food stamps" & "cash benefits". See if you can find ANY info on any of this.
    Did you live with him before you got married? Has he always been the provider since you were together? I ask because Here if you divorce, then the provider HAS to pay alimony. I advise you to contact a lawyer ASAP, like I said before you can get a "pro bono" which is when a lawyer agrees to represent you, they only get paid if you win, if you don't win then they don't get paid. Either way you have the right for a "free consultation", so if they don't take your case they can give you advice & tell you what to do. I really don't see how the FATHER puts his daughters mother AND his OWN daughter out on the streets anyway, any REAL man would make sure they have a place to go to and have enough income to survive until you can provide for yourself and your child. I hope this helped?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #10

    Jun 7, 2011, 07:05 AM

    I am fairly certain we are not getting the whole story here and I also see erroneous advice being given. I agree you should contact legal aide or an attorney but you have no RIGHT for a free consultation and pro bono is free work donated by an attorney as recommended by the ABA. You never pay for pro bono, win or loose.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Jun 7, 2011, 07:34 AM
    Quote Originally Posted by ballengerb1 View Post
    ... pro bono is free work donated by an attorney as recommended by the ABA. ...
    Mostly true except that the American Bar Association doesn't enter into it. It would be recommended by a state bar association if by any such organization.

    Contingent fee representation is what helk143jh was thinking about. And some areas provide for "suit money" requiring the more wealthy spouse to pay the other spouse's attorney fees in some cases.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #12

    Jun 7, 2011, 08:46 AM

    Quote Originally Posted by helk143jh View Post
    Has he always been the provider since you were together? I ask because Here if u divorce, then the provider HAS to pay alimony. .
    I guess you were told by your shop-assistant / or hairdresser / that if someone co-habited with other person,it's lawful alimony to be awarded.
    Let's see Maryland.
    Maryland Alimony Guidelines.
    In making the determination for alimony, Maryland laws specify the following guidelines for the court to consider:
    1. The ability of the party seeking alimony to be wholly or partly self-supporting;
    2. …………
    3. The standard of living that the parties established during their marriage;
    4. The duration of the marriage;
    And so on./ From 11-106 of the Maryland Code. /Huh... they got married on 05/28/2011 A.D.? Or maybe I am mistaken ? 05/28/2011 B.C.? /
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #13

    Jun 7, 2011, 08:54 AM
    Quote Originally Posted by Cgrhen49 View Post
    I JUST GOT MARRIED IN TN ON MAY 28. CAN MY HUSBAND PUT ME AND OUR CHILD OUT OF HIS HOUSE HE HAD BEFORE THE MARRIAGE?
    Probably not!
    If he tries to do it,call the police and get restraining order.
    Do not worry even if he files for divorce.
    Generally property and debts are divided .
    There are two types of property-marital and non-marital.
    Marital property includes all earnings during marriage and everything acquired with those earnings.
    Non-marital property of one spouse includes gifts and inheritances given just to that spouse, personal injury awards received by that spouse, and the proceeds of a pension that vested (that is, the pensioner became legally entitled to receive it) before marriage.
    Thus the house is your husband's non-marital property.But have in mind that if you spend the most time with your child, or provide his/her primary care,you will remain in the marital home with the child.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #14

    Jun 7, 2011, 08:56 AM

    The ABA not only recommends this since 2006 they celebrate it Standing Committee on Pro Bono & Public Service | Standing Committee / Pro Bono and Public Service
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #15

    Jun 7, 2011, 08:58 AM
    Quote Originally Posted by helk143jh View Post
    I apologize, I'm stupid!! Ok so it is his child!! WOW that's fu**ed up!! No He cannot just throw u out. You were married a month? If he was the provider then he needs to make sure you are taken care of and he needs to be paying child support. It's neglect or abuse to throw you child out on the streets, even if the child IS with you. You need to speak to a lawyer, there are one's that will let you speak to them and plead your case for free, Pro Bono (free, they get paid if u win) Try that.

    What?

    This is a legal board - watch your language and no text speak. We take pride in our answers, our research skills - and we at least try to sound professional.

    Other than that your advice is very clearly wrong. Pro bono does NOT mean free - unless you win and then "they" get paid.

    Where are you getting your information?
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #16

    Jun 7, 2011, 12:56 PM

    I think this has been a ABA policy since 2006. ABA Model Rule 6.1 | Division for Legal Services

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