I am a full time college student and mother of 2. My husband is very controlling and I almost can't handle it any more. I try to tell myself things will be ok when I am done with school, but I have a long ways to go--3 yrs. If I chose to seperate, who is legally entitled to the house?
2006-07-20 05:24:49 · 15 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It will really depend on your individual circumstances. Probably you. See an attorney to find out for sure. There are a lot of variables that go into determining how to split up marital assets. If he owned the house before you were married it could change things. Contact the state bar association for a referral. Most attorneys will give you a free consultation. Plus, if you talk to the attorney about the divorce he can not represent your husband so shop around and talk to a few of the best ones in your area.
2006-07-20 05:32:07 · answer #1 · answered by C B 6 · 1⤊ 0⤋
You need to consult an attorney in your state.
The property laws vary greatly from state to state. You also did not say how long you have been married, if the house was acquired during the marriage. In some states which are called Common Property States, all property is deemed to be held jointly between husband and wife. In other states, husband and wife can each hold seperate property, and often do.
In my state, a judge often awards, at least temporarily, the house to the parent who is caring for the children, so that the children are not forced to move. After all, the divorce isn't their fault. However, this also depends on if that parent can afford the mortgage payments on the house, etc. Will the judge give you the house and force your husband to make the mortgage payments? Its possible, but doubtful that he/she will do so for very long.
Consult a local attorney who can give you specific advice on how to proceed, what your rights are, and what you can expect in your state and community. If you don't know an attorney, contact your local or state bar association for a referral.
2006-07-20 05:32:40 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
It depends on your state, but if you seperate and have custody of the children, during the seperation while you are waiting for the divorce, the judge will usually give the house to the parent with the kids. Usually you dont even need to go to court, you can have a mediator. I would say work it out yourselves who gets it during seperation, but since you said he was controlling he may say no.
2006-07-20 05:33:06 · answer #3 · answered by Artistic Prof. 3 · 0⤊ 0⤋
I suggest that you try marriage counselling first.
You must've liked your husband when you married him. Your relationship with him was good then. Or else you wouldn't have married him. Try to get back the relationship you had with him.
The most difficult part of divorce is not the division of property but the break up of family relationships. Such break up will continue to haunt you and your family long after you divide the property and forget about it. And this is something that should worry you more than the ownership of the house.
2006-07-20 05:52:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Typically in any divorce the house is sold and the proceeds are split between the two parties, with all outstanding debts paid out of the proceeds first. In order to get the property one party has to sign a quit claim deed in order for the other to get it - and usually there is some agreement of money reimbursement in that situation.
2006-07-20 05:28:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Not a pat answer for everyone all across the country. Go and get a free, confidential consultation from a divorce lawyer (or two.) They will be able to help you out with the information you need.
2006-07-20 05:29:45 · answer #6 · answered by bigrob 5 · 0⤊ 0⤋
It depends on whose name is on the deed for the house. If it's your husband's then there's little you can do about it. If both your names are on it, you are entitled to half the money if the house is sold. See a lawyer.
2006-07-20 05:28:37 · answer #7 · answered by Blue Jean 6 · 0⤊ 0⤋
You need to see an attorney on this issue... if you are only separating and not divorced it may need to be settled between the two of you out of court. If he is violent you could try and get a restraining order..
2006-07-20 05:31:50 · answer #8 · answered by Heatmizer 5 · 0⤊ 0⤋
The house is fifty percent yours and his in California. You can either force sale and take fifty percent of the proceeds, not considering mortgages, or pay him his portion of the home.
Personally, I would advise him to burn the house down, place his money in offshore banking operations, and leave the country to prevent you from taking any of his money you golddigging biatch! Who's supporting you while you go to school, ingrate.
2006-07-20 05:33:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋
All property acquired DURING the marriage is marital property and is subject to division. You should sit down with an attorney and talk about your options - it may help you decide what you need to do.
Best of luck.
2006-07-20 06:40:33 · answer #10 · answered by dukeblueforlife 3 · 0⤊ 0⤋