i gave up my rented home when we got married 2 yrs ago,and we bought a house ,looks like we may split up now,but who should leave
2007-03-06 04:30:40 · 17 answers · asked by bevmum 2 in Family & Relationships ➔ Marriage & Divorce
Usually it is the man who leaves.The woman has responsibility to care for the child.You dont want your child to have to be kicked out of his/her home.
2007-03-09 01:12:02 · answer #1 · answered by annie 4 · 0⤊ 0⤋
Most divorce attorneys would advise their client to never be the one to leave the home first - because you will almost never get back in! In reality, this makes for a VERY bad situation especially if there is a child. Virtually no person is mature enough to share a roof with the person they are divorcing and not have it turn very very ugly.
In general, the person who will be having primary custody of the child should probably stay in the home with the child during the divorce. Unless you guys are rich, the home will most likely have to be sold and the profits split in the property division of the divorce. If you all do have money, it can be great for the kids if the parents each have an apartment and when they have time with the child they move into the house - but the child always stays in the house.
Good luck.
2007-03-06 12:48:43 · answer #2 · answered by CV 3 · 0⤊ 0⤋
Wow, this is an interesting one. Well, if you both refuse to leave, then it will be up to the judge, honestly. If you plan on filing for a decree meaning you will try to split everything down the middle, and if nothing is agreed upon, that too is up to the judge. Since you have a 9yr old, shared parenting then will be also decided. If you hear anything about a mediator in the process, that is a person who will give information to the judge based on parenting behavior, social skills etc to decide who the child will live with full time if both parents don't want the child to live with the other.
Let me know how things turn out; keep me posted!
2007-03-06 12:47:32 · answer #3 · answered by suzlaa1971 5 · 0⤊ 0⤋
Try every which way to stay together. You must have loved each other once. it will be awful for your nine year old. I would hate to have watch my parents leave each other, it must be frightening. Sometimes we mistake the mundane daily familiarity of being together for a sign that love has gone. marriage/relationships do get boring and we begin to think we have the wrong partner when it's nothing of the sort. You need to renew your friendship. Even if you or your husband find someone else, two years down the line you will both be bored with them too but you will have lost everything you had meantime. then you'll both get into a dreadful step situation, which believe me is the pits. Go out for a romantic dinner and one last ditch chance. You won't regret it
2007-03-06 12:53:15 · answer #4 · answered by Angelfish 6 · 0⤊ 0⤋
Well generally the male will leave..then when it comes time for the hearing the judge will decide but usually the woman gets primary custody of the child, the house, and gets child support..
now is the 9 year old both of yours because you said that you moved out of your rental 2 years ago?
But really if the woman has somewhere to go and stay and wants to leave she can but thats something you'll both have to figure out
2007-03-06 12:42:16 · answer #5 · answered by colie 3 · 0⤊ 0⤋
The courts will mainly be concerned about the child. If the wife can afford the house payment, it would be wise for the man to leave. It would not prove right to up root the child from his stable environment. If the wife cannot afford the home, the Judge probably order it to be sold. Sorry to hear the bad news!
2007-03-06 12:40:37 · answer #6 · answered by sue d 4 · 0⤊ 0⤋
If anyone keeps the home, I would think the one the child will be living with should stay in the house. You want to keep this child as stable as possible.~~~~~~~~~~~~~~~~
After only 2 years you may be looking at selling and splitting any profits, or sharing any added cost to get rid of said property.~~Jill
2007-03-06 12:40:47 · answer #7 · answered by Jill ❤'s U.S.A 7 · 1⤊ 0⤋
if your house is also in your name u won't have to leave the family home, if the kid is his he may have to allow u to wait to sell it and split the as setts later on once the child is grown. usually the as setts are split in tow and u divide the money u got for the house. he should leave than if u can't decide what to do the courts will decide who gets what.
2007-03-06 13:04:58 · answer #8 · answered by jude 7 · 0⤊ 0⤋
You both have equal interest and right to the marital home. Neither of you should leave until ordered by a judge to do so. Please try to work things out. Houses and kids create an awful lot of paperwork!
2007-03-06 12:45:51 · answer #9 · answered by Rachel M 4 · 0⤊ 0⤋
Depends on where you live actually. Could be all of it could be half of it. I would suggest you try to work things out as amicably as possible if you do split up. Messy is bad! But if it is you beter get a lawyer.
2007-03-06 12:35:58 · answer #10 · answered by Devdude 5 · 0⤊ 0⤋
Everyone. Sell the house and split the profit.
2007-03-06 12:37:37 · answer #11 · answered by coolsister95 2 · 3⤊ 0⤋