Do I have to leave home if my spouse owned it before we were married if we are not divorce or legally separate

Question

My spouse and I are considering divorce. I have a 5 year old child who lives with us, but she is not my spouses. She goes to school in the area and the closest place I could go would be an hour and half away to my parents. If we are not divorced yet or we are not legally separated do I have to leave home? If I do how long do I have to find another place to live?

Answer 1

This is more of a moral matter rather than a technical matter. What do you think the best thing to do is? Should you go to a hotel for a few nights, just to get some space, and "try" the sepparated/divorced thing? The child thing is a rather delicate factor. In a sense as the step mother she has somewhat of a responsibility to the child. If fighting is the problem, then maybe getting out of the house is the best solution, while she takes care of the child. While out of the house, maybe you and your spouce can try talking things out. I wish I could help out more but the info you gave is somewhat limited. GOOD LUCK

Answer 2

Not if you are only discussing divorce. When, and if, (and I advise not to unless there is an abuse issue, then GO NOW!) you do decide there are many factors involved prior ownership can be an issue, but so is community property. The extent of this issue, can be decided by you, and your spouse, or if not for sure by the court. You cannot be forced to move without at least temporary orders from the court, and then it will be decided if community property is at play. Did you participate in making house payments, was your money comingled, do you share any other children, do you live in an alimony or seperate spousal support state? these are just a few issues that will be considered. If you REALLY decide to divorce, immediately seek legal counsel. You cannot find these answers on your own if you are not WELL VERSED in the laws of your state, and w/o GOOD legal advise you will not know where you stand. Every state has a "legal aid" department. call the STATE BAR ASSOCIATION for the nearest location to you. BUT FIRST, AND FOREMOST, IF SAFETY IS AN ISSUE, GET OUT IMMEDIATELY, IMMEDIATELY! THERE IS HELP IN YOUR TOWN FOR THESE ISSUES, DON'T WAIT UNTIL IT IS TOO LATE! GOOD LUCK, AND GOD BLESS YOU!

Answer 3

You don't have to go anywhere, not just yet, anyway. The judge will decide who gets the house if you cannot decide for yourself.

If you get the divorce, it's recommended that someone move out, but it doesn't have to be you.

If you are going to be the primary caregiver for the child, you should press your wife to allow you to keep the house. The reason being is A) because the child is already in school and the school year has already begun. It will be difficult to get your daughter to adjust to a new school along with having to go through the divorce--no matter whose child she is. B) It will be easier for her to find an apartment and move herself into there than it would be to move you and your daughter elsewhere. I'm sure there are other reasons that I don't know about that you can use.

If your spouse is adamant about having the house, have the judge decide, although warn your wife that neither of you may like the outcome--you may be forced to sell the house if you cannot reconcile.

There is no "typical" case where the husband has to leave or the wife has to leave. When my cousin got her divorce, she willingly signed herself off of the house and moved out. When my fiance's ex-gf's mother got a divorce, she kicked her husband out of the house--even though SHE was the one cheating, and his name was the only one on the house.

There are certain things that a judge will take into consideration when it comes to dealing with the house--people's incomes, who will be paying alimony (if any), who will be paying child support (although I guess in your case that doesn't count).

Good luck!

Answer 4

You are still very much married and you have not taken any legal action what so ever to change that. You have a minor child that for whatever reason your spouse chose not to adopt. That simplifies things quite a bit.
Your first move is out of the house and into a safe place like[hopefully ] your parents house. The kid is 5 years old changing schools is no big deal , living in the middle of a domestic war zone is.
Your next move is to a lawyers office and then a courtroom..

Answer 5

There are many factors here. You need to talk to a lawyer because each state laws are different.

But there are a few things that would allow your spouse to keep the house no matter what like

Is the house a family home that was Willed to them upon someones death.
Was the house 100% paid off before you where married free and clear of the bank and your name not added to the house deed.

Both of these and a few other depending on your state would allow your spouse to keep their home and you would need to find a new place to live.

Answer 6

No, you can stay if, you want cause, a judge will probably give you that right and primary custody ! As long as you are a fit mom , you won't have any problems ! No judge would remove the child from his environment or his mother so you can feel safe that your future X will just have to find another place to live. If, he is the sole owner and your name is not on the title - your X may be required to sell it and offer 1/2 the proceeds. One way or another, you'll come out on top ~ don't worry about it til then !

Answer 7

You should check laws in your state for sure. If you are in California, where I am, they have community property laws. If he owned it first, I don't think it would be right to make him leave. Kids that age are soooo tough, she could go to another school if she is barely in Kindergarten, she will recover. It probably wouldn't bother her if you don't move her around a lot. My husband and I have been married for less than two years. He owned the house for 6 years before our marriage. I would feel horrible if I ever thought to make him move. If you can manage it, go back to your parents house. If you think it would hurt your daughter too much to change schools, don't divorce.

Answer 8

I think first it depends on what state you live in and if you contributed to the upkeep of the house. I wouldnt think you would have to leave, but I could be wrong. Look in the phone book and get a free consultation from an attorney before you make any decisions.

Answer 9

i would be your best move to leave cause if you two get in an argument than she will call the cops and say you hit her (even if you didnt) and then you will go to jail for like six months and have a violent crimanal record all cause your wife was mad at you. and thats just one senerio. if your a woman yes because its not a good thing for your child to have to go through if anything happened and your child was around or just getting ready to come home from school or sumpthin it could kinda srew up her head alittle its tough for kids to go through that stuff and its best on her if you just make a clean break

Answer 10

Please no matter what the laws are if there is any abuse ,take your child and leave. She is only five and most domestic violence takes place at the end of a relationship. Get her home to your parents and settle this later. Better safe than dead.