Husband Threatens to Lock Wife Out of Shared Home: Legal & Emotional Considerations

Question
My husband and I moved into this home 11 years ago as boyfriend and girlfriend - a lease to buy deal using my security from the apartment to lease the house.  I gave up my apartment to move in this home together and our children.  Three years later we purchased this home - due to my credit rating not so good from getting divorce from my first marriage the house is in his name only.  Two year after purchasing the house we got married.  Everytime we argue he tells me he no longer wants to be married and that he is going to lock me out of the house.  Can he do that?  What are my rights if we get divorce?

Answer
Hi Valerie~

Since you're legally married he can NOT kick you out of the home or to lock you out.  You have legal rights to this home, if you purchased this together and are protected from this type of thing happening.  It doesn't matter if your name is on the home or not, it's your home too and you're entitled to up to 50% of it too.  Now, if he owned the home before you married and you moved in with him that would be a totally different situation.  But you purchased it together and moved in together before marriage (again doesn't matter if your name is on the deed or not).  The same thing goes for a car, bank accounts, etc.  You're entitled to half of everything purchased during the marriage.  This called community property, this means as I said before, bank accounts, personal property, houses, cars, furniture, etc.  I hope this helps you some.