I went with my wife when we were dating to buy the house and i put it under her name because she had the better credit. We then shortly after married. Now she's wants us (me and me son) out of the house and I went to a attorney and she said legally. That that house is community. So (since i know she will) since she is going to claim it as separate in court. Can i say because my son (he attends a special school) that we cannot move?
I make payments on the house just as much as she does.
I make the most money.
She has the higher education.
Son is 15.
She is his step-mom. I was with him before i married her.
Anyone have any suggestions?
2006-08-15 11:49:29 · 6 answers · asked by Elpbulldog 3 in Family & Relationships ➔ Marriage & Divorce
It's not community property. It is her separate property that was partially paid for with community funds. The law treats it differently than community property and she has a better chance of hanging on to it that way.
Get a lawyer who knows their family law!
2006-08-15 12:14:11 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
We are in the same boat.I am in the process of divorce myself. My son and I are staying in my ex-hubbys' house while going thru this divorce. He moved out.anyway, my name wasnt put in the deed when we bought the house. But my lawyer said that, its a community property, The only way for him to kick us out from the house is to get a court order .but i dont think there is any judge will grant that, especially if you have a child with you.I also have a child.a 16 years old boy..
2006-08-15 19:16:14 · answer #2 · answered by mami000s 1 · 0⤊ 0⤋
the community property thing will help but u will HAVE to provide evidence of your making house payments. good luck chaz.austin texas
2006-08-15 18:59:36 · answer #3 · answered by ? 2 · 0⤊ 0⤋
An attorney.
2006-08-15 18:56:25 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends on who serves the papers first i think.
because there is a child involved.. i would think that they would say that one or the other of you has to move but sense you have the child.. it would be her.. i would not leave..i would tell her to leave.. the child needs the home..
2006-08-15 19:11:08 · answer #5 · answered by Ibdreamin099 2 · 0⤊ 0⤋
Don't know.. would have to refer you to an attorney
2006-08-15 21:20:55 · answer #6 · answered by colleend01 3 · 0⤊ 0⤋