My Daughter and her husband have split up. The house is in her name and he basically told her to get out. He has changed the locks. He currently has the kids although he lets her see them. What can she do?
1 Answer from Attorneys
Thank you for the inquiry.
Any asset acquired during the marriage is marital and capable of division in a divorce. It does not matter how the asset is titled. Additionally, each party has a right to occupy the home regardless of how the home is titled unless or until there is a court order that awards the premises to one party or the other.
Parenting time becomes a difficult tug of war until there is a court order determining custody and parenting time. The parties may seek to resolve their differences through mediation or, if mediation is unlikely to work, they may file a divorce or custody action in court to have the court resolve the issue on a temporary basis until the case is ultimately resolved.
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