What am I entitled to as a spouse?

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What am I entitled to as a spouse?

My husband has decided that he isnt in love with me anymore, after 27 years of
marriage. Our son is 16 and wants to stay with his dad. So I am staying with family.
I went back to get some of my things and he had changed the locks so that I
couldnt get in. And instructed our son not to let me in. I had to wait until he got
home to go inside. My question is…Can he do that? And Im curious as to what I am
entitled to if we divorce.

Asked on October 5, 2019 under Family Law, South Carolina

Answers:

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

Answered 2 years ago | Contributor

What you are entitled to in a divorce will depend on many factors, for example was the home purchase prior to your marriage and by whom? The fact is that you should discuss your situation with a local attorney who can best advise you after reveiwing all of the details of your situation. The fact is that any time a minor is involved, having legal representation is best. As for locking you out, unless and until there exists a formal separation agreement or final decree of divorce that states just which one of you has the sole and exclusive rights to the home, it remains the "joint marital residence". This means that you both have the right to live there. This is true no matter whose name that the deed (or lease) may be in.

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

Answered 2 years ago | Contributor

What you are entitled to in a divorce will depend on many factors, for example was the home purchase prior to your marriage and by whom? The fact is that you should discuss your situation with a local attorney who can best advise you after reveiwing all of the details of your situation. The fact is that any time a minor is involved, having legal representation is best. As for locking you out, unless and until there exists a formal separation agreement or final decree of divorce that states just which one of you has the sole and exclusive rights to the home, it remains the "joint marital residence". This means that you both have the right to live there. This is true no matter whose name that the deed (or lease) may be in.


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