Can the police make my husband leave our residence? 5 Answers as of February 28, 2014

My husband and I separated, he stayed with relatives for a few weeks. We have now reconciled and he's moved back with me in my mom's house where we lived before separating. My brother who's upset about this is threatening to call tho cops. So my question is, can the police make him leave, or would an eviction have to take place?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
The police will not do anything unless there is a threat to safety. Also your bro is not the "landlord" and has no authority to evict anybody
Answer Applies to: New York
Replied: 2/28/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If your mom owns the place, only your mom can evict him. If your brother owns it, he could file an eviction action. Unless your husband has threatened your brother, I don't think the police will want to get involved.
Answer Applies to: Idaho
Replied: 2/26/2014
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
The police are not going to make him leave unless there has been a crime committed or they have a civil judgment to enforce like a restraining order or an eviction. You have given your consent to his return, has your mother? And your brother hasn't! The police are going to let the courts decide what to do.
Answer Applies to: California
Replied: 2/26/2014
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
you really need to figure out what you want to do, and then do it. it is clear you and he are not sure what you want to do with your lives. but that is not a question that a lawyer can answer
Answer Applies to: New Jersey
Replied: 2/27/2014
Penglase & Benson, Inc.
Penglase & Benson, Inc. | John Benson
Your brother does not really have standing to demand that your husband move out. If your husband lived in the house before the separation, has returned with the blessing of you and your mom (house owner) and he has a key, then he has a property interest in the home and is allowed to be there.
Answer Applies to: Pennsylvania
Replied: 2/26/2014
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