woman threaten to leave the house

[Gaia07]

What is the name of your state (only U.S. law)? FL

my husband and his mom are yelling at me every day to leave the house. He just bought this house one month ago, with the cash money that she gave him. The house is on his name. His 80 y/o mom was living alone in Europe, her husband died in 2010 summer, so she decided to sell her house and permanently move here with us in July 2011.

can they do this? can they make me leave the house is he files for divorce? I think he cannot file yet for divorce, cause he is a FL resident for just one month. We moved here from Philly.

I don't have a place to go, I can't pay any rent cause I dont have any money. I never worked here, cause I was studying all these years to pass my exams and take my US medical licence. We married in Nov 2006 and we came here in Jan 2007. We are both from same country but he is also US citizen. I have a green card.
I'm not some lazy princess, in Europe i worked 3 jobs at a time. But I considered that is important for both of us to take my license and continue my career here as a doctor. Unfortunately I can't work as a doctor cause I'm in my 40's and all the residency training programs are looking for ppl who graduated medical school in the last 5 years. It doesn’t matter that I am licesed as a specialist physician in Europe and I worked there 6 years as an attending.

anyways, I applied for some jobs in my new town here, for some stores that are in walking distance. He refuses to borrow me money so that i can buy a car and make it easier to find a job. He transferred all the money from our common checking account to his new personal account, so I can't even buy food. His mother has a small fridge in her bedroom and all they buy is kept there. He replaced the door knob on his mom's bedroom so I don't have access to that room, they lock the bedroom when they leave the house. He bought a safety box and all our documents are under the key. He wants me to go and buy food if i'm hungry, knowing that the closest grocery is at 50 minutes walking distance. There is no public transportation here. And he wants me to buy with my credit cards, knowing that I don't have any income and I can't pay the credit cards if I use them. His mother already filled all the shelves in the closet with her clothings, she is eagerly waiting for me to leave the house. I am under verbal abuse each single day, I cannot even translate to English all those curses.

can they really do this? can they throw me out of the house just because is "his property"????? now he wants to transfer the house and make his mother “the owner”.
I apologize for my bad English, I’m doing my best to describe the whole situation.What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? FL

my husband and his mom are yelling at me every day to leave the house. He just bought this house one month ago, with the cash money that she gave him. The house is on his name. His 80 y/o mom was living alone in Europe, her husband died in 2010 summer, so she decided to sell her house and permanently move here with us in July 2011.

Based on a couple of assumptions, it's his house. The money was a gift from his mother. Your name is not on the title. As long as he didn't mingle the asset with marital assets, the home remains separate property.

And even if he did mingle, it might not help you much, if at all. For example, if he put his mother's money into your joint checking account and then wrote a check to buy the house, you're probably not going to be able to get any of it. If the mingling was greater than that (for example, using marital assets to pay for repairs, taxes, etc), you may be entitled to some compensation.

However, that doesn't change the facts related to your question. When he files for divorce, he will ask for exclusive use of the marital home. Given that the money used to buy the home was from his mother, the judge will probably grant that. Even if you had the money to buy out his share (which will be close to or at 100%), the court would not order him to leave.

can they do this? can they make me leave the house is he files for divorce? I think he cannot file yet for divorce, cause he is a FL resident for just one month. We moved here from Philly.

Then you are probably OK for 5 more months since the residency requirement in FL is 6 months. That gives you time to find a job and find your own place.

I don't have a place to go, I can't pay any rent cause I dont have any money. I never worked here, cause I was studying all these years to pass my exams and take my US medical licence. We married in Nov 2006 and we came here in Jan 2007. We are both from same country but he is also US citizen. I have a green card.
I'm not some lazy princess, in Europe i worked 3 jobs at a time. But I considered that is important for both of us to take my license and continue my career here as a doctor. Unfortunately I can't work as a doctor cause I'm in my 40's and all the residency training programs are looking for ppl who graduated medical school in the last 5 years. It doesn’t matter that I am licesed as a specialist physician in Europe and I worked there 6 years as an attending.

That's unfortunate, but does not change the legal realities of the situation. He can get a divorce and you'll have to fend for yourself.

Now, if he signed authorization that he would support you when you came to the U.S., he may have to support you at roughly the poverty level. You may also be able to get temporary spousal support while the divorce is pending. But, in the end, you're going to be on your own soon.

anyways, I applied for some jobs in my new town here, for some stores that are in walking distance. He refuses to borrow me money so that i can buy a car and make it easier to find a job. He transferred all the money from our common checking account to his new personal account, so I can't even buy food.

Then file for divorce, ask for 1/2 of all marital assets, and temporary support. He doesn't have to borrow money. He probably will be forced to reimburse you for your share of any money in your joint account that he put into his personal account.

His mother has a small fridge in her bedroom and all they buy is kept there. He replaced the door knob on his mom's bedroom so I don't have access to that room, they lock the bedroom when they leave the house. He bought a safety box and all our documents are under the key. He wants me to go and buy food if i'm hungry, knowing that the closest grocery is at 50 minutes walking distance. There is no public transportation here. And he wants me to buy with my credit cards, knowing that I don't have any income and I can't pay the credit cards if I use them. His mother already filled all the shelves in the closet with her clothings, she is eagerly waiting for me to leave the house. I am under verbal abuse each single day, I cannot even translate to English all those curses.

Then move out. His mother cursing you and putting her things in the closet is not abuse and certainly not something you can do anything about.

can they really do this? can they throw me out of the house just because is "his property"????? now he wants to transfer the house and make his mother “the owner”.
I apologize for my bad English, I’m doing my best to describe the whole situation.What is the name of your state (only U.S. law)?

Go see an attorney. Call around and you will find that many attorneys will give you an initial consultation for free. If there are enough marital assets, the attorney may agree to petition the court to be paid from marital assets or for your husband to pay, but even if that's not possible, you'll learn a great deal from talking with your attorney.

Then google 'self help divorce florida" to learn about how the process works.

 

[Ohiogal]

You don't have to move until a COURT orders you to move. How did you immigrate to this country? Did your husband sponsor you? If so, then he has issues.

Time to see a lawyer.

 

[Gaia07]

thank you so much for your replies.

I don't know what exactly means "to sponsor", we married back home, he filed for me some kind of Affidavit at the US Embassy, I received my visa in 3 weeks, and next week we were here in US.

So basically I have 5 months to find a job and is time to talk to a lawyer.
Thank you once again.

 

[mistoffolees]

thank you so much for your replies.

I don't know what exactly means "to sponsor", we married back home, he filed for me some kind of Affidavit at the US Embassy, I received my visa in 3 weeks, and next week we were here in US.

So basically I have 5 months to find a job and is time to talk to a lawyer.
Thank you once again.

For some visa applications, it is required that someone sign a form (I-864) with the government stating that if you are unable to support yourself that they will provide some level of support (125% of the poverty level, if I remember correctly) while you are in the country. Find your immigration paperwork to see if there was such a form.

Information about the form is here:
USCIS - I-864, Affidavit of Support Under Section 213A of the Act

 

[Proserpina]

Yes, OP, you really need to see what was filed.

You also might want to read this article (it's a few years old, but it remains one of the best summaries online).

http://www.ilw.com/articles/2006,0110-wheeler.shtm

I'm going to hold back commenting further until OP answers this question:

With WHICH visa did you enter the country, and when exactly did the adjustment of status take place? A rough timeline would be great (because I can pretty much guarantee you didn't go from zero to greencard in 3 weeks )

There is a reason I'm asking.

 

[Gaia07]

Thank you.
my passport has a CR-1 immigrant visa. This is the visa I received in 3 weeks after my application at my country's embassy.
The green card was also received very fast, in 2-3 months after coming here.
Honestly, I remember there was a huge envelope with immigration papers when I entered US airport, I don't know where it is now, it has to be locked with all my other original documents, including my original marriage certificate.
Also, I'm not familiar with the number of Affidavit form, but i'm sure he filed a support form for me.

 

[Captian Picard]

You have only been married 5 yrs ... yet you have nothing? Well, prepare to move out.

 

[mistoffolees]

Thank you.
my passport has a CR-1 immigrant visa. This is the visa I received in 3 weeks after my application at my country's embassy.
The green card was also received very fast, in 2-3 months after coming here.
Honestly, I remember there was a huge envelope with immigration papers when I entered US airport, I don't know where it is now, it has to be locked with all my other original documents, including my original marriage certificate.
Also, I'm not familiar with the number of Affidavit form, but i'm sure he filed a support form for me.

OK. Your first homework assignment is to go find your forms and find out what they say. Going through a divorce is never easy but trying to do so when you're only guessing what the various forms say is insane.

 

[Proserpina]

OK. Your first homework assignment is to go find your forms and find out what they say. Going through a divorce is never easy but trying to do so when you're only guessing what the various forms say is insane.

Agreed. We're pretty much stymied at this point.

 

[st-kitts]

What is the name of your state (only U.S. law)? FL
His mother has a small fridge in her bedroom and all they buy is kept there. He replaced the door knob on his mom's bedroom so I don't have access to that room, they lock the bedroom when they leave the house. He bought a safety box and all our documents are under the key.

It sounds like OP hasn’t misplaced or lost the documents. It sounds like OP’s spouse has purposely made them inaccessible to her. Since they aren’t letting her into this room where the documents are stored to get something as basic as food, it is doubtful that they are going to willingly let her in to get important documents…

OP, you might see if you can get a couple of free consultations. The first would be an immigration attorney, to try to find out how to get duplicates of the needed papers. The second would be a divorce attorney. Finally, since your spouse appears to purposely be trying to limit your access to documents, you might consider a PO Box for your mail. Are you able to practice medicine if you return to your home country? Might that be an option for you?

 

[Gaia07]

I doubt that I can practice after 5 years of being away from the medical system. But tomorrow I will contact the college of physicians of my country and I will find out. I don't think my country cares that meanwhile, in these 4 years I've got my US medical license and got ECFMG certified, they deal with the European Union. Also, ironically, I have no chance to work anywhere in Europe because the most important criteria to be accepted is full employment for the last 2 years in my own country, before applying for a physician job in Europe. So I'm extremely mad for my own stupidity and naivety.
And you are right, all my documents are kept away from me. But I am honestly saying that I haven't seen that envelope with immigration papers in the last 4 years. I doubt is in the house and I doubt my husband has it. I'm saying this because we moved 8 times in these 5 years and I was always responsible with packing/unpacking. I keep thinking if those papers weren't kept at the port of entry by the officer who interviewed me in the airport and reviewed all my papers? Isn't this the procedure? Or at the office where I applied for SSN number. I really don't remember.

 

[Gaia07]

Please, I need URGENT ADVICE.
Because my husband can't file yet divorce in FL, cause me moved here only one month ago, today he changed the title of the house and now his mother only is on the title and he told me today that if I don't leave the house in 2 days, they will call police to get me out of her property.
I don't have any money, he draw everything from joint checking account and he left there only 5 $.

Can he do that? we are married and this is my address on my driver's licence and my husband's address too.
Thank you!

 

[Proserpina]

Please, I need URGENT ADVICE.
Because my husband can't file yet divorce in FL, cause me moved here only one month ago, today he changed the title of the house and now his mother only is on the title and he told me today that if I don't leave the house in 2 days, they will call police to get me out of her property.
I don't have any money, he draw everything from joint checking account and he left there only 5 $.

Can he do that? we are married and this is my address on my driver's licence and my husband's address too.
Thank you!

No he CANNOT do that.

Mom will have to evict you LEGALLY and that's going to take some time. The police will not escort you out of the house.

 

[Silverplum]

Please, I need URGENT ADVICE.
Because my husband can't file yet divorce in FL, cause me moved here only one month ago, today he changed the title of the house and now his mother only is on the title and he told me today that if I don't leave the house in 2 days, they will call police to get me out of her property.
I don't have any money, he draw everything from joint checking account and he left there only 5 $.

Can he do that? we are married and this is my address on my driver's licence and my husband's address too.
Thank you!

He absolutely CANNOT do that. The police won't help him do that. It's illegal, plain and clear. You'd have to have 30 days legal notice (properly done, not verbal as he did), as a tenant.