Q: I filed a divorce case and already attended the 1st reconciliation. I want to know if I can kick him out of the house. I am paying the rent. Tenancy contract is under my name… A: You remove his possession and change the locks. He will not have a legal basis to claim entrance back into the house…

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Can the wife prevent her husband to enter the house she pays rent for?

I filed a divorce case and already attended the 1st reconciliation. My husband agreed to divorce but can't get any mutual agreement.

I want to know if I can kick him out of the house. I am paying the rent and the tenancy contract is under my name. I am paying all the bills (he doesn't pay anything), meaning I am the provider since we got married (2 yrs).

Since I filed for divorce, I don't want to live with him anymore. I asked him to move out but he doesn't want to (He is unemployed).

He is not letting me work when he needs to go and look for a job as no one will take care of our son (either me or him), and my job is at risk because of him.

He is also hiding my car keys so that I will not leave. He already locked us up when I wanted to attend a friend's birthday. He locked us (me & my son) when I did something he didn't like. He left & left the key outside so I can't get out of the house.

Will I be in trouble if I kick him out? Take his things out. Or since he doesn't want to move out, I & my son will go.

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Maryam Ali Saleh Hayyaz

Maryam Hayyaz & Wejdan Bushahab Advocates

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22 Oct 2019, 03:24

Dear Questioner,

Since you have already applied for a divorce, it is always advisable to maintain the status Quo till you get the 1st judgement.

Please feel free to contact us on the phone or by email in case of any query.

22 Oct 2019, 04:16

Our tenancy contract will expire on Dec. When I and our son move to another house, I don't want him to come with us anymore if case is still pending. Is that possible if we still get the 1st judgement?

22 Oct 2019, 09:35

Definitely, we can try to get the judgement before the end of December.

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Ludmila Yamalova

HPL Yamalova & Plewka DMCC

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22 Oct 2019, 06:06

If you are the sole party to the lease agreement, then in practical and legal terms, if you remove his possession and change the locks, he will not have a legal basis to claim entrance back into the house.

Leaving the house with the child may be problematic as it could give him grounds to accuse you of kidnapping.

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