Banned from marital home


#1

Last June I left my husband, due to his alcoholism. I left the home (I thought temporarily) that I had purchased in 2001 myself, thinking that he soon move out. I had both our children and stayed with friends and continued to stop by the hosue to get items, as needed, and to check mail. July 28, 2009 I rented a Uhaul to get my personal belongings from the home. My ex called the police and I was told that I had to leave and that I could not go back. The police told me that the matter would have to be taken up in court.

I purchased the house in March 2001, individually. I furnished it and have put everything I have into it.
He began living with me in Sept of 2002 and only brought 2 bags of clothing with him.
We got married December 31, 2004 and had a child together, nine months later.
I refinanced the home in June of 2006, at which time I added him to the deed and the mortgage loan.

I am tired of moving from place to place with the kids and trying to make another home for them, when I have one sitting there that I owned long before he ever came along. I know it’s been a year but can they actually ban me from my own home? What do you think my chances are of getting it back, if I take this to court myself?


#2

Even though the home is your separate property, it is the marital residence, and he has the current right to possession, and may have some monetary interest in the same ( any active increase in value to the home, or principal reduction from the date of marriage to the date of separation is marital property and is subject to division). To regain possession of the home you will need to file an action for Equitable Distribution of property and include a motion for return of separate property, and a motion for interim distribution in your Complaint.