Legal Question in Family Law in Minnesota

separation/divorce

My husband of only 4 1/2 yrs. (he is 67 and I just turned 60) is a heavy drinker-did not realize that -foolish-when we married. Today he was taken to detox-he was lucky-he hadn't gotten into the (MY) car yet.

The police tell me he has 2 priorDUI' and miy car would've been forfeited automatically if he had been driving.

We live in my house hat I have owned for 38 yrs. He pays nothing, does not work-only S.S. I am still working Do I have to let him back into this house? How can I keep him out while I figure out what to do? As I said, he has no property-even the car is in my name. I cannot risk everything I've worked for. Of course, there are no children of the marriage. I have 4 grown sons-he has 2 grown kids who ne never talks to. He has paid nothing outside of a car repair now and then-and buys takeout food often(but not at my request). So, can I keep him out when he gets out of detox? Thanks, Patricia


Asked on 12/12/07, 7:12 pm

1 Answer from Attorneys
Dennis Felix Felix Law Office, P. A.

Re: separation/divorce

Technically a spouse cannot keep the other spouse out of the marital home. However, I would advise him that he is not coming back and I would change the locks. I would see an attorney immediately and begin divorce proceedings and if he does not agree bring a temporary motion to exclude him from your nonmarital home. Dennis

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Answered on 12/12/07, 10:00 pm


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