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?


Asked on 6/24/03, 11:14 pm

3 Answers from Attorneys

William Stern William Stern, P.C.

Re: Entering the marital home

Yes. If there is a problem, get a court order. Bill Stern 248-353-9400

Read more
Answered on 6/25/03, 7:01 am
Regina Mullen Legal Data Services, PLC

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.

Read more
Answered on 6/25/03, 11:33 am
Mark Snover Hauer & Snover

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

Read more
Answered on 6/30/03, 10:27 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan