Do I retain the home?

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Do I retain the home?

My husband and I were married March 26, 2016. Since then, there has been NO consemating of the marriage. His temper is getting out of control. He has started refusing to help with the bills, adding more debt, has shoved me before, smokes after I told him the doctor said I could not be around smoke because of allergies, continues to use vulgar language, threatens to kill my dogs. Last week he refused to give me money out of a small settlement he received so that I could pay bills that were past due. I have a disability check monthly but that will only stretch so far. So, I told him unless he gave me the money for the bills, he could consider himself as no longer living here. I have been renting the house for 2 years and my name is the only one on the lease. His was never added. Can I legally make him leave, take his key or whatever? His temper is continually getting out of control and it’s getting to the point that I’m starting to get afraid of being here and afraid to leave my dogs unattended.

Asked on March 13, 2017 under Family Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until there is a formal separation agreement or final decree of divorce, then the house remains that "joint marital residence", no matter whose name is on the lease. This means that you both have the right to live there. That having been said, if he has put you in fear for your safety, you can file for an order of protection which would give you the right to keep him from entering the premises.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until there is a formal separation agreement or final decree of divorce, then the house remains that "joint marital residence", no matter whose name is on the lease. This means that you both have the right to live there. That having been said, if he has put you in fear for your safety, you can file for an order of protection which would give you the right to keep him from entering the premises.


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