Can my husband of 29 years kick me out ifour house?

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Can my husband of 29 years kick me out ifour house?

I am having to stay with friends until we can get our divorce settlement. Can he also force me to move my horse off of our place now?

Asked on March 28, 2011 under Family Law, Missouri

Answers:

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

Answered 10 years ago | Contributor

Unless the divorce has been finalized (or temporary orders have been issued by a court that give him exclusive right and possession) he cannot legally put you out of the house.  It is still considered to be the joint marital residence (no matter whose name is or isn't on the title/mortgage).  Accordingly, you have the right to also keep your property on the premises, including your horse (although Iassume you think of your horse as more then just property).  In fact, if he has undertaken any type of "self-help" such as putting your yhings things out in the street or changing the locks, you could sue him for for unlawful eviction, among other things.  Additionally, this could hurt him in the divorce proceedings. 

Note:  Once court orders are issued, things will be different. 

At this point, you need to consult directly with a divorce attorney in your area. 


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