Legal Question in Family Law in Mississippi

Can I ask the spouse to leave?

I got married to a foreign national in Nov 2005. She moved in with me in September 2006 (had to wait for immigration visa). The relationship has gone out the window in the past 5 months and getting worse. I bought a house before I got married (in my name), have other assets (lke 401(K), cars etc. all in my name). She is living in my house with me, driving my car but is not working. After putting up with months of verbal abuse, emotional blackmail and threats of suicide if she doesn't get her way, I want to I want to get out of this relationship. She wants to stay and is not willing to leave (said she will now do anything to stay with me).

1. Can I legally ask her to leave (as it is my house)? Or did it now become common property?

2. Are any of my pre-marital assets at risk?

Thanks in advance.


Asked on 3/08/07, 3:42 pm

1 Answer from Attorneys
Mary Milek Milek Law Firm

Re: Can I ask the spouse to leave?

Q. Can I legally ask her to leave (as it is my house)?

A. You can ask, but this is her residence and you could have a difficult time making her go before the divorce is final. If you divorce her now, this could also possibly affect her visa. Check with an immigration attorney on this.

Q. Or did it now become common property?

A. No. This property is pre-marital, however, she can participate in any appreciation in these assets or any property acquired since the date of the marriage. Also, since she is not employed, she could be entitled to alimony, if you divorce (the shorter the duration of the marriage, the better). I suggest you speak to a local family law attorney.

Q. Are any of my pre-marital assets at risk?

A. They could be, particularly your 401(k). If you need to pay her a cash settlement and don�t have the money, she would likely ask for a Qualified Domestic Relations Order or QDRO to take the settlement from your 401(k).

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Answered on 3/10/07, 7:03 pm


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