Legal Question in Family Law in Alabama

Can I legally keep him from our home?

I have been married fro 25 years. My husband had an accident 3 years ago and is on workers comp and awaiting decision on disability. 3 weeks ago he was arrested for with illegal drugs. This left myself and our children ( 24 and 21 ) shocked and heartbroken. I have a good job and can pay the bills as I have been doing for 3 years. He has moved in with his brother but says he is coming back whether I want him to or not. I can't live with a liar, I can't trust him and I am very hurt. I knew something wasn't right with him but he lied to me everytime I tried to talk to him. I was concerned that it was medical issues. I would give him the house if he could keep up the payments but he can't and I can't afford to live elswhere and pay for this home. Is there anything I can file legally to retain the house until things are settled. As long as he can't harrass me I am not in a hurry to file for divorce so he can remain on my medical insurance. I don't know what he was thinking and I can't get over it. I don't see us reconciling, ever! I feel as though someone has died.


Asked on 6/29/08, 10:34 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: Can I legally keep him from our home?

About the only way you can do it is to file for a legal separation, which is the same paperwork as filing for a divorce, or file for a divorce and obtain a pendente lite order as to the house. The court would then give you the house and you could keep him out. You could wait on finalizing the divorce. This is the only way you will have legal documents. You will need a lawyer and if you are in my area I would be happy to make my services available.

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Answered on 6/29/08, 2:30 pm


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