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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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