Can I be evicted

Posted by Thomas MallonFeb 04, 20160 Comments

Can my father in law evict me from my marital home? Or is my husband just trying to shake me up?

Practice area: Divorce

I have a protective order against my husband. The home has been awarded to my 2 kids and I as we go through this. Divorce papers have been filed. Our marital home is deeded to him and my father in law. The house was purchased 5 years ago and we've been married for 13 years. There is no lease.

The fact that there is no lease does not mean that you are not entitled to live there.  Your right to live there with your children starts with the fact that this is your marital home and although a Protective Order is not exactly the same as a Use and Possession Order, it does give added protection against having your removed.

Evictions are filed in District Court. These cases can be appealed to Circuit Court.  Once a District Court Judge hears that there is a pending divorce matter, they are not likely to want to make any decision to overturn the use and possession of the property, because even if a Judge was inclined to grant such a request, that decision could still be appealed in Circuit Court.

Since Circuit Court is where you filed your divorce, it is even less likely that your father in law would be successful there. Based on the facts you provided it is highly unlikely that your father in law would be successful at the District Court Level, but even if he was, you still have a remedy that is even more unlikely to see him being successful.