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CUTETREE64 · Jun 11, 2009, 10:52 PM

Does anyone know if I have rights after only 2 years of marriage? I mean since it wasn't my house it was his etc.. can he just throw me out?

I wish · Jun 12, 2009, 05:33 AM

This is a family law question. It would be more appropriate to ask the question here: Family Law - Ask Me Help Desk

Depending on where you live, but generally, if it's a matrimonial home, then he cannot kick you out. You are equally entitled to live in that home, regardless of how long you've been married.

We need more details. If you plan on separating, you should get legal counsel to ensure that all your rights are protected.

chriscardiff · Jun 12, 2009, 05:52 AM

Originally Posted by CUTETREE64

Does anyone know if i have rights after only 2 years of marriage? I mean since it wasn't my house it was his etc..can he just throw me out?

Well, it is dependent on if, during your 2 years you made specific contributions to the purchase of the house (paying bills does not constitute this) is your name on deeds?
Did you sign a pre nup?
At worst you have the right to at least half of the profitable gains of the house over the last 2 yrs (or for as long as u can prove u lived there as a couple)
At best and if you really want to be nasty, and u did not sign a prenup, initiate court proceedings to claim half of ALL married assets-house-car-bankaccounts.
You may not win half but you will put a huge dent in his pocket.
Alternativley, and I think best is to recite these FACTS to him and explain that rather than going that route, "lets be reasonable and........" (fill in the blanks)

stevetcg · Jun 12, 2009, 11:29 AM

Ok... doesn't matter if you weren't married, he cannot just kick you out. If you weren't married, he could legally evict you, but that is a 30+ day process. Married, you have as much right to be there as he does no matter who's name is on the deed. What happens to the house in the divorce is up to your lawyers and the laws of the state that you live in.

lorisam7879 · Jun 12, 2009, 08:30 PM

It usually depends a lot on which state you are in. If you did not sign a pre-nup then generally, all of his assets become yours and vice versa. 3 years isn't long but long enough to establish a life, etc.
Since its likely considered marital property, he cannot ask you to leave or kick you out. If you were to leave, you would not be able to get him out of the house. Its best to either stick through it and file for divorce, or leave and be prepared to get a lawyer as this sounds like it might get tricky...

cdad · Jun 13, 2009, 06:57 AM

Before getting a good answer we really need to know what state your living in. Laws vary so widely that its almost impossible to answer without knowing.

Fr_Chuck · Jun 13, 2009, 11:25 AM

Normally he will have to evict you though divorce court, but in some aeras if your name is not on the house, the housing court may hear the case.

You have rights to file for divorce, get a property settlement, get perhaps get alimony

ScottGem · Jun 13, 2009, 01:38 PM

I don't think he can even evict you from a marital home, at least not without obtaining a divorce first. And that would mean he can't just throw you out. If he tries, call the police and its possible he will be arrested for abuse and you might be able to get a restraining order against him that would keep him out of the house. So you do have rights not matter how short a time you were married.

But what rights you actually have do depend on where you live.

cadillac59 · Jun 13, 2009, 02:43 PM

well, it is dependant on if, during your 2 years you made specific contributions to the purchase of the house (paying bills does not constitute this)

I kind of agree with that.

at worst you have the right to at least half of the profitable gains of the house over the last 2 yrs (or for as long as u can prove u lived there as a couple)

Which state are you referring to that allows that? That's not the way it works where I live.