When the spouse refuses to leave the home what should you do?

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When the spouse refuses to leave the home what should you do?

For years now, my husband’s verbal abuse has been going on but recently it is more so. Now it’s even towards the children who are not his biological children. I’m scared of the threats becoming reality. What can I do to get him out?

Asked on December 4, 2017 under Family Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

Generally, unless there is a legal separation agreement in effect or a final decree of divorce as been granted, the house that a married couple shares is deemed to be the "joint legal residence". This means that they both have the right to occuy it regardless of whose name the deed or lease is in. However, if a spouse is put in fear for their or another occupant's safety (e.g. the children), then that spouse can go to court and obtain a protective order. The result will be that the offending spouse will have to immediately remove themselves from the premises. At this point, you should consult directly with a local family or divorce attorney as they can best help you further having hearing all of the details of your situation.


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