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If you half own your home with your husband,and you are separated, can he legalaly prevent you from entering your home?

I was gone for awhile voluntarily , living separately from my legal husband,and now want to live at the house again.He says that he can legally prevent me from moving back in. Can he do that? What are my rights? I live in Houston.

5 Answers

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  • Anonymous
    4 years ago
    Favorite Answer

    Get a lawyer, if your name is on the title deeds you are entitled to live there.

  • 4 years ago

    Owning a home is separate from the right to live in the home. Basically think of you and your husband as the landlord, and you husband is the renter. Actually paying rent isn't important either.

    Most likely the police won't do anything without a court order, so they won't be any help. The only real path for you is to get a lawyer.

    If your not ready for divorce, that's ok. You can still do a separation agreement, that would also include who lives in the house. A separation agreement doesn't have to end with divorce.

  • 4 years ago

    It is not about whose name is on the deed. It is about whether you are still resident. The devil is in the detail. Can you prove this was temporary? If you left your personal belongings at the house and continued to pay your share of the costs, you are still resident. Do you have a key? Walk in and see what happens. If your husband calls the police, they will ask to see your name on utility bills (electric, gas, water etc) so be sure you have your evidence lined up. Be calm and friendly so that he cannot get a domestic violence order against you.

    But if the plan is to divorce, just get a lawyer as Rosalie says. Protect your assets.

  • 4 years ago

    Go get yourself a divorce attorney, NOW.

    You should have spoken to one before you left the home.

    DO NOT go by legal advice you get on Yahoo!Answers. You could be getting it form 13 year old kid.

    Ask your friends for the name of a good divorce attorney who practices in your county. You need to get solid legal advice, before you put yourself at a greater disadvantage. If you don't, you will end up with nothing, because his lawyer will tell him just to act like he's deaf until the court forces him to give you anything you deserve- by which time there may be nothing left. He could do it in minutes, too, so go get one today.

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  • Anonymous
    4 years ago

    If you were gone more than 90 days he can legally keep you out. Less than that and you have a right to move back in, so long as the deed is in both your names. If the deed is in his name only then he has a right to kick you out at any time.

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