Legal Question in Family Law in Minnesota
Rights to homestead when child abused by husband
My husband was convicted of malicious child punishment. He is divorcing me, seeking to get back on homestead (10 acres). My child is 14. I have a restraining order now on my husband which is good until June 2005. I am running out of money to pay mortgage, etc., but I want to live here with my child. Can get no help from county because of the value of property, which does me no good until it's sold. I don't want to move. Any laws protecting me, because I didn't do anything, my husband did. And because I have been a housewife, mainly for 27 years, I cannot get a well paying job. Can my husband be made to pay me for schooling? He has no job right now, but we have $10,000 in CD's, that is frozen by the judge until divorce.
1 Answer from Attorneys
Re: Rights to homestead when child abused by husband
To get help meeting the mortgage and living expenses, you can file a motion for temporary relief with the court in the divorce case, for temporary spousal support.
Given that you were a homemaker for 27 years of marriage, an award of spousal maintenance to you is a possibility. It will depend on a variety of factors, such as the earnings and earning capacities of each party, etc.