Can I make my husband leave our home legally if we both are on the deed?
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Can I make my husband leave our home legally if we both are on the deed?
My husband has a mental disability that has affected his personality. He has endangered our children by letting his emotions affect his ability to make sound decisions while driving which has caused an accident. Luckily, no one was hurt. He also has left our 7 year old son 2 blocks off from our home in a not-so-safe area where there have been abductions and lots of traffic; just to try to keep me from spending time with my family while he has our children. His anger has not extended to the children but he is very verbally abusive. I need to know what legal rights I have?
Asked on October 20, 2011 under Family Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The only ways you have your husband who is on legal title to your home leave are as follows:
1. obtain a court order requiring him to leave as a result of a petition for a restraining order against him due to conduct that poses a danger to you or your children.
2. file a petition for a conservatorship given his health condition where it is deemed that he cannot take care of his physical well being. This is a complicated and expensive procedure and will require medical examination of him.
From what you have written, you need to consult with an attorney about the challenging circumstances that you and your family are facing. I would start with a family law attorney with experience in the area of conservatorships.
Good luck.
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