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wiseruno2 · Aug 28, 2014, 12:02 PM

Please help me! My husband of 7 months is mean, if he doesn't get his way, he threatens to kick me and my 2 small kids out of his home. I own most everything in it.. he says he will change the locks and our stuff will be in the lawn. He was willed the house and is in the process of putting it in his name. He says that since the house is not in his name yet, he can throw us out at any time! Is this true... I am scared for my kids 12 and 9.

smoothy · Aug 28, 2014, 12:29 PM

If its his inheritance.. its his property. And not Part of community property.

If its this bad... file for divorce and move, do you think he's going to change? Is it worth going through this? You've only been married 7 months. I am assuming he is not the father of the children.

talaniman · Aug 28, 2014, 12:53 PM

What could be so bad as to bring out the beast after only 7 months of marriage? Where did you live before you were married? I would sure have a Plan B that included somewhere for you and your kids to go in case he makes good on such a cruel promise. At least stash some cash for food lodging a transportation.

Maybe you should consider leaving before he makes good on his threat.

ScottGem · Aug 28, 2014, 01:18 PM

No, he cannot kick you out of the marital home. It is immaterial whether the property is in his name or not. You are entitled to live in the marital home until a divorce or separation order says you have to leave. Since he inherited the home it is likely that you will have to leave eventually, but he can't just throw you out. At least not legally.

AK lawyer · Aug 28, 2014, 01:22 PM

He says that since the house is not in his name yet, he can throw us out at any time! Is this true [?]

No. Why would the fact that it is not in his name give him the right to "throw you out"? If anything, it would be the other way around.

It's interesting that, because you are married to him, it's probable that you cannot take advantage of the prohibition against "unlawful ouster" of a rental tenant. But, on the other hand, should he attempt to "throw out" you and your children by changing the locks, etc. you can probably go to court and get some sort of a restraining order forcing him to let you back in.

Originally Posted by smoothy

If its his inheritance.. its his property. And not Part of community property.

I'm not sure about that. Depending on the law of the particular state, and whether he inherited it before or after the marriage, it may be.