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  1. #1
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    Jan 2010
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    Missouri
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    Question How to Get My Husband Out of the House

    Missouri

    I am planning on divorcing my husband. I will meet with my attorney soon. I am sure she will tell me what I need to do. I do NOT KNOW if she will be able to advise me on how to get my spouse to leave the premises. I have read that a spouse has a right to stay in the marital house. In fact, I have even read that there is really no legal recourse to remove a spouse, even after a divorce from a house. I don't believe that.

    Has anyone had a similar situation in the past?

    Perhaps I can get a restraining order. My soon to be ex is an alcoholic who is a DUI felon and who denies having a problem with alcohol. I suspect he is drinking again, although behind my back when he goes with his mom to their lake house. When he drank, he would have no control over his temper and smashed things up a couple of times, destroying my property. I took pictures, but that was 4 years ago. However, the only time he didn't drink was when the courts were on him and when he was on work release. He also has a pistol now.

    Can I request a police officer to remove him from the premises?

    Any input would be greatly appreciated.

  2. #2
    Join Date
    Apr 2009
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    Default Re: How to Get Him Out of House

    Generally, you would need to file for divorce and request exclusive use of the marital home.

    Unless and until a court says otherwise, your husband has as much right to live there as you.

    A restraining order is not going to be granted based upon things he's done in the past which you have not reported or acted upon.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
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    Missouri
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    Default Re: How to Get Him Out of House

    I did call the police on him. I hope there is a record. Thank you for your input.

  4. #4
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    Default Re: How to Get Him Out of House

    Quote Quoting Rebsmom
    View Post
    I did call the police on him. I hope there is a record. Thank you for your input.

    I'm sorry, perhaps I misphrased.

    Unless you have a current reason to ask for a restraining order, what he has done in the past will not help you.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Jan 2010
    Location
    Missouri
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    Default Re: How to Get Him Out of House

    He is verbally abusive. He has threatened to take our daughter away from me, so he's VERY possessive of her. Irrational. And he has a gun. A felon, with a gun. He scares me, but being scared of somebody isn't enough to get him out. Is it possible to get a police escort to get him out?

  6. #6
    Join Date
    Apr 2009
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    Default Re: How to Get Him Out of House

    Not unless you can show that he is an immediate threat, no.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Nov 2009
    Posts
    256

    Default Re: How to Get My Husband Out of House

    If you believe that he's that dangerous and you don't have family that can help you, contact local agencies and see if they can provide assistance so YOU can leave the house. That's about the best way to ensure your own safety.

    Division of assets will take place during the divorce.

  8. #8

    Default Re: How to Get My Husband Out of House

    If he's a convicted felon in possession of a firearm, that's enough for police to arrest him - UNLESS he has had his civil rights with SPECIFIC restoration of firearms rights, included in his clemency. Having a convicted felon in possession of a firearm is also MORE than enough to take to court to request a restraining order - but you'll need to notify police so they can remove the weapon FIRST.
    Catherine NeSmith
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  9. #9
    Join Date
    Jan 2010
    Location
    Missouri
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    Default Re: How to Get My Husband Out of House

    So first I need to go to the police to report him. They should then go get the gun and arrest him. Then I go to court, file for divorce and get restraining order based on him being a felon with a gun (and potential for violence).

    That will get him out of the house. Serves him right. He has no respect for the law or others.

    And no, he hasn't been granted clemency. He just got off probation last July 2009.

  10. #10
    Join Date
    Apr 2009
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    Default Re: How to Get My Husband Out of House

    Be prepared to answer the question of why it's been ok up to now to live with this guy knowing that he has a gun.

    (I'm not being mean - it's a potentially serious hiccup for you)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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