3 replies to this topic

[tufeathers]

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.

[pg1067]

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

[Fallen]

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.

[Fallen]

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.