Legal Question in Family Law in South Carolina

I have a friend and she and her husband had a disagreement she left residence went to another location we called local police to have them have her husband removed from residence and police stated he could not make husband leave because they were married shared a mutual residence and no violence or harm was inflicted on my friend is this true the officer could not make her husband leave? Why?


Asked on 3/16/10, 9:46 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Neither spouse can force the other from the home without good reason to do so, as both have equal rights to the asset. If one could, then there would be incentive to lie to have the other one removed and then gain an advantage going into a case.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/21/10, 5:51 pm


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