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#1 tufeathers

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Posted 06 March 2012 - 11:19 AM

My husband and I own 2 homes in Alabama both are in his name but I recently paid off both if them in the amount of $63,000. He is living in the one nearest his work and the other is about 2 hours away. He recently told me to leave since I finally rebelled against a campaign of abuse starting 4 years ago. My question is can he legally prevent me from living in the other house? We are not divorced or even legally separated.

#2 pg1067

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Posted 07 March 2012 - 03:03 AM

He will have to file for divorce and ask the court to order you out.  Otherwise, no.

#3 Fallen

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Posted 07 March 2012 - 08:15 AM

He can't keep you from living in either house. 

Get a divorce attorney.  Either of you is free to petition the court as part of the divorce for exclusive possession of X property.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 Fallen

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Posted 07 March 2012 - 08:18 AM

By the way, it doesn't matter that the properties are in his name.  Even if he bought them before the marriage, you have acquired however much of a marital interest in them and obviously at least one of them was/is the marital residence.  Note that job and investment income accrued during the marriage is marital income, and Alabama is also one of those states where even separate property (namely gifts or inheritance or pre-marital money) is up for grabs/division in a divorce if the court sees a reason/need), so it wouldn't matter even if he'd used pre-marital or gift or inheritance money after the divorce to pay for them. 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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