Legal Question in Family Law in Michigan
Entering the marital home
Can I enter the marital home if it's only under his name and he kicked me out?
3 Answers from Attorneys
Re: Entering the marital home
Yes. If there is a problem, get a court order. Bill Stern 248-353-9400
Re: Entering the marital home
You have defined a house as a "marital home," which means he had no right to kick you out and you have every right to enter, live in it and take whatever you wish out of it.
PLEASE NOTE: if you were married while living in that home, you own a piece of it, regardless of whose name is on that mortgage,-- unless you signed over your rights in a binding pre- or post- nuptial agreement!
I'm not suggesting that you clean the house out by any means, but you're not in good shape if he has a history of kicking you out and you have a history of leaving.
If he's violent, get a personal protection order placing HIM outside of the home and requiring him to continue to pay the mortgage. If there are children involved, it is extremely important that you stay in that house!
You should get a lawyer IMMEDIATELY and get good advice as to your options. I don't like to preseume a divorce, but even outside of divorce, by leaving a marital home, you are setting yourself up for a big fall.
Re: Entering the marital home
unless he has received a personal protection order preventing you from entering, or a restraining order, you most likely may be able to re-enter. More detail is necessary, please call me at 248-258-0800, Mark Snover