Urgent help needed


#1

I have been married for 9 years,my husband is an asian and our marriage was in an asian country. He and I are both permanent residents, he is also a resident of NC and has own residence, title is under his name though he cannot sell it without my legal signature. I have been a housewife for the duration of my marriage. We have a 26 month old son who is an American citizen. After the birth of my son, my husband asked me to go back to my native country on the pretext of encouraging me to study further and asked me to enroll in medical courses. However since April of 2010 he has suddenly stopped supporting myself and my son, has started using abusive langauge, rarely attends to my phone calls and of late has been threatening me with a divorce.I have been struggling to take care of the expenses for my child and myself and have been staying with my folks in my native country. My query is since I have not actually resided in my house in USA with my husband for 4 months, is it possible for him to deny me access to the house? My husband has been threatening me that he has changed the locks on the door and if I try to come back, he will throw me and my son out on the streets. He has also steadfastly refused to allow me to tarvel back to the States. Is it possible for him to legally claim the house and prevent me from residing, inspite of the fact that he has been constantly in touch with me on the phone and that he was in total compliance with my being in India as it was actually his idea. Also I am afraid that he may try to sell the house or transfer money, is it possible for me to employ an attorney in the states to freeze his accounts while still staying in India? My husband has been domestic violence offender and has a criminal record for the same. Is there any way I can reclaim my legal rights to the house and get a fair equitable distribution? please help. Thanks


#2

Since it appears as though you left the home with the intention of residing elsewhere (home with your parents), he could be entitled to the exclusive use and possession of the home, depending on how a judge viewed this particular situation. Even though you may be denied access to the home, you still have an ownership interest in the same, and that can be awarded to you as cash in a distribution of martial assets.

He cannot sell the jointly owned home without your signature (unless he has a power of attorney).

You may hire an attorney in NC to file litigation and seek a restraining order prevent him from disposing of martial assets.

Please contact our client liaison to schedule an telephone consultation with one of our attorneys. If we do not service the area where your husband resides we can refer you to an attorney who does.