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Celestem · Apr 23, 2013, 06:55 PM

My husband and mother in law kicked me out of the house and my 15 yr old daughter stayed with them. It's my mother in law's home but we added a second story addition to the house. My husband and his mom are on the upstairs loan. My name isn't on anything to do with the home. Can they evict me from the home? My husband states my daughter doesn't want to see me and is now forcing me to see a family counselor in order to see my daughter. It's been 10 days that I've been out of the home. Please let me know what my rights are.

ScottGem · Apr 23, 2013, 07:22 PM

Did they physically force you to leave? Why didn't you call the police. This is the marital home and they can't legally kick you out. But since you voluntarily left and did not immediately return, this could be a problem.

You NEED to consult an attorney ASAP. The attorney can help you either get back in the house or get support to pay for lodging.

As to forcing you to see a family counselor, they can't do that either. Until a court rules otherwise, you have an equal right to see your daughter and they can't, legally, stop you.

Also, any question on law needs to include your general locale as laws vary by area.

But generally, you have the right to not bee removed from the marital home, until a court tells you to leave. You have the right to see your child until a court orders otherwise.

Celestem · Apr 23, 2013, 07:34 PM

Originally Posted by ScottGem

Did they physically force you to leave? Why didn't you call the police. This is the marital home and they can't legally kick you out. But since you voluntarily left and did not immediately return, this could be a problem.

You NEED to consult an attorney ASAP. The attorney can help you either get back in the house or get support to pay for lodging.

As to forcing you to see a family counselor, they can't do that either. Until a court rules otherwise, you have an equal right to see your daughter and they can't, legally, stop you.

Also, any question on law needs to include your general locale as laws vary by area.

But generally, you have the right to not bee removed from the marital home, until a court tells you to leave. You have the right to see your child until a court orders otherwise.

I had to call the police department to let me in the house since he locked me out. Sincehe owns a gun the police department thought it was not safe to stay there. My mother in law told me she was going to start the eviction process at my husband's request but I haven't received any papers. I feel like all my rights are being violated!

ScottGem · Apr 24, 2013, 03:52 AM

If you don't have it, get a copy of that police report.

It would actually be a good thing if she does try to evict you. You could then counter sue for an illegal eviction. With a copy of the police report, that would be almost a slam dunk.

And file for divorce immediately.

Good luck and keep us posted.