My husband is kicking me out


#1

He can not force you to leave unless there is evidence of abuse or he files for Divorce from Bed & Board. Either way you are entitled to 1/2 the property and/or assets.
I’m not certain how alimony would work given the length of the marriage. I suggest that you consult an attorney, normally consults are not that much, and see where you stand.

Maybe you should suggest that a separation agreement be drawn up to buy you some time. I can understand that you may not want to stay in his home if you are planning to leave, but even evictions get 30 days. See if he will agree to help you get established in another residence so that you will be able to move. Do you have a friend or relative that can help you until you can find a place of your own?


#2

If the house was his prior to the marriage and she was never put on the deed, she may not be entitled to 1/2 the house…only 1/2 of the marital property acquired after the marriage or given to the couple as a gift. (Is the house a gift?) 1/2 the value of any increase in value probably, but not the house itself.

As far as staying in the home goes, yes, even evictions get 30 days.


#3

Athos is correct and I apologize for not specifying. The car and other furniture is the marital property that you would be entitled to half of. If you sold your car so that you only had the car in his name, then you essentially contributed to the marriage with the money from the sale as he did with his car. The same would be true with any other assets sold off. The use of his vehicle during the marriage means that his car was “given” to the marriage.


#4

No, he cannot put you out on the street without a court order.

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#5

We have been married a little over a year. I wasn