The house is in both their names, there are two kids from her previous relationship aswell. can she make him leave the house and were does he stand financially, does he still have to pay the mortgage and give her money for his two kids etc.
2006-10-13 01:21:41 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Because he is a co-owner of the house she can not evict him or force him to leave. But, if there is a history of violence or if he has ever been charged with a domestic crime or endangering the welfare of a child, then she can petition family court for a removal order. And, he will be forced to leave the home by law enforcement.
Your brother can contact an attorney about selling the home and dividing the assets (or she can buy him out). Your brother should also talk to her about custody and should file for custody or visitation of the children if they are planning to seperate.
2006-10-13 02:20:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She cant exactly force him to leave without going through the court process. She can live in the house until the children are 18 after the court case. They would both have to make mortgae payments and when all children are 18 sell the house 50 50. He will have to pay maintenance of about 50 a week per child. Who's at fault here, men get a raw deal if the woman is to blame
Sorry, they are not his kids, she doesn't have a leg to stand on. They will have to sell the house and take 50% of whats left after the mortgage and solicitors take theres. Are there 4 kids 2 his and 2 not? If kids are his, my first statement applies.
2006-10-13 01:26:20 · answer #2 · answered by survival_paul 4 · 0⤊ 0⤋
In a situation like this it is important to realize that if there is a dispute that cannot be solved bewteen the two parties on their own then they are going to end up giving a lot of money to lawyers. It has always seemed better to me not to give a lot of money to lawyers. It might be better for her to buy him out in some way, saving the money that the lawyers would get. This will only work if the two parties do not get at each other's throats in vicious fight, in which case the lawyers get nice vacations, expensive cars, and the two of them end up with nothing. A rational mind is required to see this point in moments of calm reflection. A peaceful solution without lawyers would be far better; lawyers are vultures, and will pick all the meat off the bones.
Seems to me that a reasonable solution would be to figure out which each one put into the property finanacially, as in initial down payment and then monthly payments plus repairs and improvements after that. If this is done logically and fairly there is no need for a lawyer. Lawyers come in when one or the other or both get into a hissy screaming fit and all-out war breaks out. Then it's time to kiss goodbye to the money and end up with nothing. The lawyer then gets to go on a nice month-long vacation in a sunny tropical isle while they both end up shivering in the cold.
2006-10-13 01:54:59 · answer #3 · answered by Kokopelli 7 · 0⤊ 0⤋
Yes, she can make him leave if the kids are going to be living with her. No judge would put a woman and kids out of their home. They should sell the house and split the profit to keep things fair. If she doesn't work, he will probably have to pay the mortgage and he will most definitely have to pay child support.
2006-10-13 02:06:34 · answer #4 · answered by Lotus 6 · 0⤊ 0⤋
Your brother needs an attorney. Otherwise, tell him NOT TO MOVE OUT no matter what, or he might be giving up some of his rights to the house. Even if she gets him out, (I don't know where you are or the laws of your state) if the house is in both names, your brother can force her to sell the house and give him his half. Her two kids from previous marriage are of no concern in the house.
2006-10-13 01:25:32 · answer #5 · answered by Barbara W 3 · 0⤊ 0⤋
if the house is under both of their names she cant make him left unless she takes him to court for a really good reason and the judge says so. if he leaves by any chance he shouldnt have to pay mortgage, and both the two kids if they slipt and they kids are under 18 he'll have to pay child support.
2006-10-13 01:27:05 · answer #6 · answered by boricuaspot21 2 · 0⤊ 0⤋
No, he should stay and get a lawyer; quick. No matter what broke them up, it's his house, and he can live there. If she is insisting; then she should be the one to leave. Sorry this happened; the best would be for them to make resolution. I'll say a prayer for all of them. Sounds like he has a caring brother....Take care.
2006-10-13 01:30:39 · answer #7 · answered by me2007 3 · 0⤊ 0⤋
No, she cannot make him leave. Only a judge can do that. A judge has to determine financial responsibility just make sure they both have good attorneys.
2006-10-13 01:25:04 · answer #8 · answered by kyle g 4 · 0⤊ 0⤋
undesirable cases are continuously observed by sturdy cases. If the subject of varied miscarriages persists in this marriage, look for suggestion from an immunologist. in many cases, miscarriages are because of immunological factors.
2016-12-26 18:09:36 · answer #9 · answered by Anonymous · 0⤊ 0⤋