Legal Question in Family Law in Nevada
In the last 36 hours my spouse has solely behind my back closed our joint bank account, is with holding all cash, has canceled all my bank cards, credit cards, and is now demanding that I vacate our home. She has threatened to call authorities to remove me and my widowed mother who has been living with us for the last 2 years. She believes that because I have been unemployed that everything is hers and is refusing to pay the two educational loans that are due as well. Could you possibly help me understand: 1)Can she have me removed from our house? 2)Can she remove all money & accounts from me? 3)What rights does my mother have as she has been a resident and helping financially in our home? 4)What? If any, legal recourse can I take to immediately stop her from being successful with these things? I really appreciate your help!!
1 Answer from Attorneys
Neither I nor any other lawyer could competently answer specific questions about a specific case without complete background and information. As a general matter, though:
Normally, in the absence of an emergency, such as a domestic violence situation, police will not interfere with a married couple's disputes about who should be in, or out, of a co-owned home; that is the function of the family court, usually on a motion for temporary orders. See http://willicklawgroup.com/preliminary-matters-and-motions/.
Anyone can DO anything -- the question is what the court can and will to correct it; presuming that all the cash, etc., is community property, each of you has a present and equal right to it.
Again, normally, police will not deal with who lives in a home, but defer it to the family court.
It sounds as if the marriage has broken down. You should consult with a qualified family law expert about your short term and long term possibilities, and what to do about them. See http://willicklawgroup.com/consultation-policies/.
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