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    kiminhouston5's Avatar
    kiminhouston5 Posts: 1, Reputation: 1
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    #1

    Jan 22, 2012, 08:45 AM
    Can my husband kick me out of house?
    We have been married almost 13 years, we bought .com house 5 yrs ago,but its in his fathers name... so we pay him mortgage,taxes, HOA fees, and insurance... I have 2 children,and have been a stay at home mother most of the time, I started medical assistant school and now only have 2 months of my internship to be done, and able to take care of myself and kids by myself... but right now there is no money coming in from me... He has physically and mentally abusive, takes unprescribed meds, cheated, and has been doing illegal activity, and I have voice recordings of him admitting everything... I have been preparing myself and trying to get things in order so I could leave and have the money, so he couldn't control me anymore... But now he's trying to kick me out or leave and not pay electricity or other bills, and said he would call CPS on me... because he got them turned off so I would leave... My family is in another state and don't have the money to help me... I just need a couple of months to get myself through this internship and I will be able to move into an apartment... an suggestions?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 22, 2012, 09:07 AM
    I don't know what a ".com house" is, but, if it's in his father's name, if someone is going to evict you it would be your father in law, not your husband who would have to take you to court to do that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 22, 2012, 09:48 AM
    You can't be kicked out of the marital home. Your husband would have to file for divorce and, as part of that, get the court to force you out. It would take a while to get that done.

    As for turning off the utilities, YOU can report him to CPS for endangering his children. You can also file suit against his father since he is the landlord, for an illegal eviction.

    You are actually in a very good legal position. I would suggest you consult an attorney to advise you the best way to proceed.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 22, 2012, 12:07 PM
    The issue is you are not buying a house, unless you have paper work, the father bought the house, and unless you have a contract with him, you and husband are renting the house.

    The other issue here is that of course you are not calling the cops when he is physcially abusive. That is what you need to do, to have real proof, if you recorded him admitting, it may not perhaps even being allowed in court depending on the laws of recording where you live, or he could lie about it, and it is still the court has to believe it.

    But you really need to file for divorce and get out of the house before you get hurt, and/or call the police and get him arrested if he hurts you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 22, 2012, 01:16 PM
    Quote Originally Posted by Fr_Chuck View Post
    But you really need to file for divorce and get out of the house before you get hurt, and/or call the police and get him arrested if he hurts you.

    If you file for divorce, you should be able to force him to move while still requiring that he pay.
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