Can my daughter’s husband refuse to allow her in her home which is solely in her name only?

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Can my daughter’s husband refuse to allow her in her home which is solely in her name only?

My daughter has been married for 8 months; she is 22 years. old. She purchased her home in a cash sale before the marriage. She wants to separate and divorce her husband. She came to my house overnight and today he “won’t let her back in the house” and has her car keys and the title to her car (that is also in her name, she pays the insurance).

Asked on July 25, 2011 Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 9 years ago | Contributor

Well, long term, she just needs to file a complaint for divorce in the county in which they live.  Even though the house is in her name, it is still considered marital property over which he does have some interest--so it's not as straightforward as it seems. Given the short term of the marriage, that interest is minimal.  No children involved?  My honest advice would be to file a divorce complaint as soon as possible and try to obtain temporary orders for residency and other assets.  

Short term, the local police may be able to help.  


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