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These questions and answers concerning the marital home and divorce can help with the various issues that need to be considered when dividing one of the biggest assets of the marital estate. You'll find information on determining who gets the house, the importance and implications of a quit claim deed, how the equity can be divided, and mortgage issues you need to be aware of.
Will it hurt my case if I move out before filing for a divorce? I recommend you talk to an attorney before doing anything. In some jurisdictions and situations moving out can be detrimental to your case. I am going thru an ugly divorce. The marital house is in both our names. Neither of us wants to leave the home. Can I force my husband to leave? You can get an order of temporary exclusive occupancy from the court. Courts recognize it is unhealthy for people in high conflict to remain in the same home.
Can I make him move out of MY house before divorce? We signed a pre-nuptial agreement before we were married and now we are talking divorce. I want him to leave my house and he says he has rights to stay in the house till we get a divorce. Is it true he can stay here? If it is a home you owned before marriage and is in your name alone, you are within your rights to ask him to leave.
If the home is jointly owned, then you can't force him to leave since he is an owner as well. If you want him to leave and he won't, you need to go to court to get sole temporary residence of the home while the divorce is pending. Once you file for divorce your attorney can make a motion for exclusive occupancy of the home, forcing him to leave. Best of luck with this! How long can I stay in the house during the divorce? My husband just told me last night that he is divorcing me.
How long can I stay in our home during this time? I have nowhere else to go to. There's no set answer to your question. You should see an attorney to discuss your rights. If the house was acquired during your marriage, both of you have equal rights to the marital home until a court decides otherwise.
An attorney can help you decide if you should seek a temporary order giving you residency in the home. Technically if he owns the home, I guess you can stay until he throws you out.
It really depends on what else is happening. If the home is in his name and was purchased before the marriage, you may still be entitled to some of the equity if you helped keep it up or made the mortgage payments.
You could also be given the right to live there by the court for a period of time. You really should talk to an attorney. Can he keep coming back to take things from the house? If the wife is living in the house during the divorce, is it legal for the husband to enter and take things when the wife not at home and no knowledge of him entering? He was caught on security cameras trying to get into the cars in the driveway and then later that afternoon going into the house while no one is home.
Why is there nothing the police will do even though property in the house is now missing? Without a court order giving you exclusive occupancy of the home, he is permitted to enter it if it is joint marital property. Write down what's missing and present the list to the judge. You may be able to change the locks, but you really need to check with an attorney to determine if this is permissible in your state. You could also seek a temporary order from the court restraining him from doing so, but again, check with an attorney.
Can he lock me out of the house because I left? My husband refused to let me and my two children stay in our home. He just locked us out.
The home is titled in both our names. Can he does this just because I left? He cannot keep you out of your own home without a court order. You need to get a lawyer. What if he threatens to press charges if I enter the house? My husband and I are going through a divorce. He refuses to move out of the house and has constantly put off the four way meeting. We have two pre-teen children, neither want to live with him as he is verbally abusive one of many reasons I have left him.
He has told the children that if I come back to the house he will press charges and he is now fighting for custody. I need to get back into the house, what can I do?
Have your lawyer call his lawyer and arrange a time for you to get in when he is not home or with an impartial observer. I also recommend you talk with your attorney about whether you should move out or not, since it could impact your chances at custody. Can I make him leave if the house is in my name? I purchased my home before we were married and have re-financed since, but the loan and the property are still strictly in my name. Is this considered marital property, and how would it be divided if I choose to divorce him?
Every time he leaves, the police tell him he has the right to come and go or take things as he pleases. Is this true even though the home is not in his name and was purchased before marriage? You can get a court order of exclusive occupancy. How the home is divided depends on many factors, including how he participated in paying mortgage payments and doing upkeep and maintenance.
Can I change the locks after he moves out? Can I change the locks on my house after my husband moves out, but not yet divorced? The rules about this vary from state to state, so you should check with your attorney. You can file for exclusive residency of the home, which will then allow you to change the locks for sure. How can I stop the security company from giving him the code?
I was awarded the home. The security monitoring contract is in his name. The company gives him access to my code and password and refuses to disable the system.
I have changed the locks and have had to report him to the police because he was trying to get into the house. What can I do to stop him from trying to enter the house?
You could contract the security company and show the portion of the order that awards you the home. The contract needs to be cancelled and put in your name.
If the company will do not do so, then you should go to your attorney to obtain a court order directing him to cancel his account. Can he just move back if I get to keep the house? If I keep the house but he is still on the mortgage does he have any legal right to move back in if his current living arrangement falls apart? No, as long as you are given possession. The divorce should have given exclusive occupancy to you. If it did not, you can amend the judgment to include this. Can we just keep the house as joint owners?
After being married for 21 years, we legally separated and my husband moved to Chicago for a job opportunity. Because of the failing housing market, we both have agreed that we want to hold on to the house.
You can continue to be joint owners. But you should think about what happens should you ever want to sell - how will you split it? What if one wants to sell and the other doesn't? Who gets to live in it or will you rent it?
Can we live in the same house if we get a divorce? My husband and I can't afford to sell the house because we are currently upside down in our home. On top of that, neither of us can afford to rent an apartment and move out. Will this be a problem should I want to pursue a divorce?
Other couples have divorced but continued to share the same residence - particularly in this economy where it is often not possible to sell a home that is over-mortgaged and impossible to afford to residences for the family. It may not be a good long term solution, but with today's real estate problems, it can work in the short term. How is the home equity divided in a common law marriage? I am in a common law relationship and know I want out. The house is in my name, as I bought it 3 years before he moved in.
He did give me some money to put on the mortgage not the same amount I put into it 3 years earlier and does help out with what he feels is his share of the bills, including the mortgage. I also do not want any of his investments, RRSPs or pension, all I want is my house and my business.