My friend has just been "kicked" out of her home by her husband, he has since changed the locks...?

kissmymiddlefinger

It might depend on the state where they live.
I would doubt that he can legally do it but he might have done her a favor. If he was THAT made he might have really beat on her
The emergency order should allow her to go and safely get her things while a cop is standing by.
Do they have children
If not
that is good
if so
that could be ahuge mess
she is lucky to have you as a friend but if possible avoid this guy as he might try to take out is feelings for your friend (sounds like he hates her) on you

hootie

Not if her name is on the lease or mortgage. If her name is on there she has every right to be there as much as he does.

asker guy

if the house is in his name then yes.

renegadechef9_0

yes he can...if the house is in his name. all he needs to do is file the proper paperwork for divorce which if he has changed the locks, I'm sure he has

Mrs. House

If it's his house, yes.

Taeli

hopefully bothof their names are on the house because if not then technically he can

notyou311

She needs to consult an attorney ASAP.

Benny

If the home is in the name of the Husband, in the eyes of the law, he is certianly able <-- ONLY if the women has been given time to find a new home, something like 30 days

just me

no he cant do that if sh eis also on the house lease but if she not then she better just give it up cause the law aint gone be able to do anything

David J

I'm guessing it'll depend on who's name is on the lease/mortgage. If she's named, then he'd have to buy her out of the house, not kick her out.

Jessica P

I am no lawyer, but it is my understanding (from watching too many episodes of Cops) that if they live in the house 30 days, they must go through court eviction process to get them out.

But since they are married, it is probably different. I don't think she should have to leave. She should contact local cops, they would know.

shergal farkey

no he cant, when he,s not in , break in and change the locks again, get an injuction a.s.a.p. speak to a solicitor and the police for clarification

rodriguez m

if she is divorced from him yes. if she is still married - then no.

gypsy g

Is her name on the lease or mortgage? If not, then yes he can. She will have to get the sheriff to go get her belongings.
If her name is on the lease or mortgage, then no he can't.

Emily Hobhouse

In the UK this is against the law. Go and see a lawyer or visit the Citizen's Advise Bureau.

I know this because my friend changed the locks after her ex husband raped her, and her lawyer told her off for doing so.

star69

Depends what she owns and has contracts for. She needs professional legal help. If you are in the UK see the citizens advice bureau. Good luck.

Angel

No. If she is legally residing at that address there is nothing he can do. Does her mail go there? If so than she legally resides there and she needs to call the police and tell them she needs in her home to get her things. She needs to find a divorce lawyer and get it over with. You also need to think about why he "kicked" her out.

Say

Whose home is it? I am not in the legal profession and can't comment whether it is criminal or not...however....it must be a civil matter... and that is up to courts to decide...a long procedure.
But in my mind... it's tricky... just like a joint bank account... who ever withdraws it first...has it....
I would contact the police and get help in getting at least my personal belongings...out and then file a law action suit in civil family court for division of property.
Geez... I really dislike immature adults who act so irrational like he has shown to do.
Is there abuse involved?...children?
Sounds like it's going to be a messy situation.
Good luck!

Katura N

no he can not, that is considered an illegal eviction , she can go to court and get back into the house, just fill out some papers in the clerk of court or even go to the cops and he will have to let her back in.

People they are married, it has nothing to do with who's name the lease or mortgage is in. He can't deny her residency, he must go through a legal process to get her out of the house, unless she willingly leaves.

Don't advise folk wrong, based on your thoughts alone, have some real knowledge based on fact, not your sole opinion.

lashenica j

No, he has to allow her to retrieve her items from the home. No matter what went down with them the Law still stands.

Phil M

Depends. Do you live in a community property state? Are they legally married? Is she on the deed to the house?

And its hard to say "hes being a bully" without knowing the full details. Lets keep the "personal opinions" of the morality behind the act and focus on the legality of the act itself. Dont confuse the issue.

Lilith

He can't do it unless he has a restraining order or at least in some states. Her best bet is to visit a lawyer and find our what her options are in the state that she lives in.

Knarf

Not if they are legally married and there is no decree to favor his action in the state of residence. Obtain services of a representative and file a suit to show just cause and counter sue for cruel and unreasonable deprivation of shared rights and property................

glitsyjewels

she needs a lawyer, if i was her i would have had or go get now every credit card known to man kind. get cash advances on all of them he is going to have to pay for half.. it takes about 10,000 for a good lawyer.. my sister has been married 5 times she gave me the info say your friend has a gambling problem all the loot is gone boo who he got to pay..

Nexus6

If the house is in his name only, whether it is rented or bought, then he can ask her to leave and change the locks and there isn't anything she can do about it. An acquaintance of mine is going through this same thing now.

melazaone

YOU SHOULD CONTACT YOUR LOCAL AUTHORITIES ESPECIALLY IF IT IS HER HOUSE

daisy322_98

mchel

If the house is both theirs or hers, No.If it's the husbands house maybe yes.I think she should take to a social assistance so that she may know her rights.

redpeach_mi

not if her name is on the house also. if her name is on the deed or rental agreement, she can be there also.

JUST ME

no he can't just kick her out.. is she on the lease anywhere? i would call the cops and tell them that he changed the locks and that's her house too and her belongings are in there.. good luck to your friend

~*LilDebbie=BigDeborah*~

Do not quote me on this, but I don't think he can. If they are married, her name is on the lease/mortgage, and she has clothes and property in the residence. He cannot do that. Check your state laws and contact your local police station. They can tell you for sure.

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