Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

does my husband have the right to say i have to leave the home in less than 5 days? He had me arrested for pulling the phone cord out of the wall. (that is against the law to prevent 911 call) No I am not abusive. Also can he take my wedding rings and not give them back just because he was mad i didint have them on?

Answer Question
 
Anonymous

Asked by Anonymous at 9:40 AM on Sep. 22, 2010 in Relationships

Answers (10)
  • Nope. He has to evict you legally. He has to send you a certified letter of intention to evict then take you to court and get it approved then have the eviction papers served on you if the court agrees. As for the rings, tell him they belong to you and he can be arrested for stealing them so he needs to give them back.
    admckenzie

    Answer by admckenzie at 9:43 AM on Sep. 22, 2010

  • If the situation were abusive or if he made it seem abusive to the authorities then they could remove you on the spot. I don't think that he can force you to leave within 5 days, especially if you have kids. I also don't think he can take the rings. I'm basing this on DE law though, you should really check with your state.
    travzmom

    Answer by travzmom at 9:44 AM on Sep. 22, 2010

  • nope, especially if your name is on the morgage.... if he wants to play that game call the police and tell them he stole your rings
    June_Mama09

    Answer by June_Mama09 at 9:46 AM on Sep. 22, 2010

  • Texas law states that if HE is the one filing for divorce or wants the seperation he can't take the rings, If YOU are the one who files for divorce you have to give them back. My ex tried to get me to give him my rings and all he could do was ask, legally his hands were tied because he was the one that filed for divorce
    Sarasmoonflower

    Answer by Sarasmoonflower at 9:46 AM on Sep. 22, 2010

  • hmmm...im gonna guess that he only set the days you have to get out himself and i dont think he can kick you out since your married. things would have to be brought into court to argue who gets the house. i also think you would have to go to court and have the judge decide if he gets to give them back.

    sorry i wasnt too much of a help
    americansugar80

    Answer by americansugar80 at 9:48 AM on Sep. 22, 2010

  • He would have to get an experte order to force you to leave the residence. If he feels there's abuse of any kind he can file for it and you have to get out. I would think one of you should leave if there's any kind of violence involved, and if your children are present... You both need to sit down and figure out what's best for your children, not you... They will be affected more than both of you in the long run...
    MrsLeftlane

    Answer by MrsLeftlane at 9:48 AM on Sep. 22, 2010

  • I think it is time you went to see an attorney... ASAP! Depending on your state your attorney can file with the courts to determine who has rights to the house, kids and marital property.
    kamore

    Answer by kamore at 9:50 AM on Sep. 22, 2010

  • Get an attorney. Do not leave the house or it makes him more likely to get the house in a divorce. If he wants out, then he can get out.
    riotgrrl

    Answer by riotgrrl at 10:21 AM on Sep. 22, 2010

  • Here is what Is going to happen he is going to make you leave your going to do whatever he say's to do .even if you do not want to, no matter what anyone here say's . Then in a few days he will be nise Nice you two will kiss and make up until what 2-4 days later and some other stupied thing sets him off that you did not do good enough and it all starts over and over again. i mean no disrespect what so ever! But how many times Since you have been together has he told you to get out of HIS house? That you do nothing to contribute the the house hold? Let me guess also no matter how much you clean straighten up cook it is never good enough especially When he is in a mood! Please Please listen to these Ladies , Get out !!! get a Lawyer , hurt him were it counts
    ( His pocket) Dont live like that .
    SCMomof2kids

    Answer by SCMomof2kids at 1:54 PM on Sep. 22, 2010

  • Being in the Law profession I will tell you he does not have that right, if the house is just in his name than he has to process the eviction through the courts and do it that way, that will give you atleast 30 days to find a new home. If the house is in both your names than a divorce will need to start and the judge will decide what happens with the property. As far as your wedding rings they are yours and he has to give them back, if he wants them he can ask for them in the divorce and the judge will also decide on that also.
    rebelchickrocks

    Answer by rebelchickrocks at 1:57 PM on Sep. 22, 2010

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.