If my mom and dad are still legally married, can he kicking her out of our home?

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If my mom and dad are still legally married, can he kicking her out of our home?

Can he forcibly have her removed?

Asked on May 7, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, he can not.  Unless there is an agreeemnt that states he can have "exclusive occupancy" of the marital home or a court gives him exclusive occupance after he requests it, she has just as much a right to be ther as he does.  Now, it does not sound as if the situation is very good there.  Please encourage your Mother to get some legal help and emotional support to either file for exclusive occupancy and temproary custody of you (and your siblings if that be the case) and to get help with getting your dad to calm down.  And you need to talk to an adult you trust as well. Good luck.


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