2006-12-05 18:57:32 · 9 answers · asked by dzwatt 1 in Family & Relationships ➔ Marriage & Divorce
whatever you do do not leave the house.... get an attorney fast but possession is 9/10's of the law stay put unless your legal council tells you other wise
2006-12-05 20:10:10 · answer #1 · answered by Amy M 5 · 0⤊ 0⤋
1st of all get an attorney - that's better then any advice you will get here, although from here you can get some ideas about the process and what to ask an attorney.
Having been through this myself in Virginia (a common law state) I can tell you that the best leverage I had for negotiating was to NOT leave my home. The courts can't order you out of your own home, they can and more then likely, will work out a reasonable time-line for the home to be sold though. Then again that depends on who's name is on the deed and mortgage. There are to many scenarios to guess at without the pertinent information on your case (State, deed, abuse, mortgage etc.) but I can tell you the home can be sold if he has a right to half of the equity.
Good luck and grab a lawyer soon - and Don't leave the home until advised other wise, remember it's not only the roof to you and your family but it's your leverage going forward.
2006-12-05 19:12:49 · answer #2 · answered by Scott L 2 · 0⤊ 0⤋
You own 50% of all assets acquired in the duration of your marriage. Therefore, an agreement must be made regarding selling the house and other valuables. Has your husband filed for a divorce? You need an attorney to protect your rights if he has abandoned you and your son. You should also make sure that you are given soul custody and regular child support.
2006-12-05 19:39:20 · answer #3 · answered by Mom_of_two 5 · 0⤊ 0⤋
No he can't....he left the house, so its considered abandon therefore he loose his right. He can't sell what he has abandond before....talk to your lawyer, it has more details like for how long he has been away, before he comes back and try to sell your home.
PS: He is trying to do this because he wants you to release his responsibilities and move on with his life....he might have someone else that he might had promised something that requires him to sell the house. Don't you allow him take you and your kids out there. Don't sell the house and don't sign any paper without a judge order.
Another thing, get your son out of the situation, if he wants something, he should deal with you and not use your child to get advantage of the situation. He is using your son because he knows that legally he can't sell the house because it does not belong to him anymore!!!
Is not about the child, is about a family he abandoned, even thou you had no child with him and he had abandone the house...he lost the house for you, actually he lost everything he had left behind....If you both brought the house, tell the judge the house used to belong to the two of you but since he had left it, (abandoned it) you assumed the full responsabilty teherfore he lost his right. I am sure about that, careful with lawyers trying to fool you about this. As I said before, has some details I am not aware of but the rule is that he has no rights on this situation.
2006-12-05 19:07:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
he cant sell it without your consent get yourself some good representation and don't sign any paper work with out a lawyer present if hes nasty he'll try every trick in the book
also keep records of all maintenance you do to the house you will need these in court when you go through the property settlement its a good idea to keep all paper work attaining to the house such as rates water mortgage repayments and all other bills for the property this shows the courts who has been the main person keeping the property
property settlements can become very messy but if you keep good records he cant argue with them as they are in black and white providing the house is in both names their is nothing he can do until one of you files for property settlement good luck
2006-12-05 22:19:08 · answer #5 · answered by charmaine d 1 · 0⤊ 0⤋
Dont leave the house, you guys both own it. the court will decide who gets it, but if you have the child you will get the home, as long as the payments are being made.
2006-12-05 19:02:19 · answer #6 · answered by ~*Jenny*~ 4 · 0⤊ 0⤋
you'll probably have to go to court and let the judges decide. Will probably have to sell the house and split the $ from it.
2006-12-06 02:57:07 · answer #7 · answered by bella 2 · 0⤊ 0⤋
Tell him "HELL NO"... usually, the court favor the mother with a child... dont leave the house.
2006-12-05 19:00:11 · answer #8 · answered by Morena 3 · 0⤊ 0⤋
Nope...you need to go to court...
2006-12-05 20:05:20 · answer #9 · answered by ABBYsMom 7 · 0⤊ 0⤋