My wife and her mother on on the deed, I've been paying my share since 2004 My wife and i have are going through a divorce but it's to expensive. I think we're playing the waiting game. Well my wife and her brother moved out. Can they sell the house while i'm still there. i'm alittle scared. i still take care of my daughter there. my wife took the car and i have nothing but her sisters car. Things look alittle shady. Can someone give me some good advise.
2007-05-16 03:47:04 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If you can prove that your wife abandoned the property with her brother leaving you with your daughter, then you could get custody of your daughter by reasons of abandonment, which automatically gives you the house. They could get a order for immediate vacating the premises for you but then you have your daughter and the courts wont jeopardize her safety. But Id still get a plan B just in case,especially with the divorce. You are entitled to your share of the house via the marriage so you could possibly sell your share to your wife or her mom for money to move on. Contact your local legal aid assoc. for free help and dont be afraid to use the legal system for your daughters sake. Good luck
2007-05-16 04:05:28 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You do very own the homestead, not basically the loan. the guaranty deed has your call AND your mom's call on it. it is not going it specifies parts, so which you the two very own the region the two. The call on the loan has not something to do with who owns the homestead, different than i'd would desire to have my call on the loan of a house i did not very own. i think your discomfort, yet till you're joint tenants (that's what i'd anticipate you to be) AND prepared to pass to courtroom with a partition tournament, you're out of success. the place do you sleep? carry on...i'd have misunderstood. Is your mom the only proprietor, and you are the only borrower? if so, that became right into a undesirable concept.
2016-11-04 02:42:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer, or at least consult legal aide. Do you have legal custody of your daughter?? Get emergency custody orders that state that you are to reside at said address until the final court decision and the division of property. Also make sure whether you paid by check, money order or what not the expenses of the house payment and what not that you have record of what was paid, simply to have a reasonable division of assets. If nothing else the house could be sold and split three ways, or you could pay your soon to be x and her mom to "buy them out" of the house and keep it for you and your daughter.
2007-05-16 03:56:25 · answer #3 · answered by Austins Mom 6 · 0⤊ 1⤋
Unless your name is on the deed, you're SOL. Sorry. You're going to have to find another place to live, and soon. And, yes- the house can most definitely be sold. Hopefully, since it sounds like you are the custodial parent, your child's mother and grandmother will be decent enough to give you some time to save some money for a deposit for an apartment. Best of luck.
2007-05-16 03:55:43 · answer #4 · answered by Anonymous · 0⤊ 1⤋
See a lawyer ASAP!!!!! I do believe that if you are not on the deed, and I can't imagine why you didn't insist that you be on the deed, you are not an owner of the house and your wife can do whatever she wants. I am not a lawyer, I am just stating my opinion. Good Luck and go see an attorney right now.
2007-05-16 03:53:26 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Get a lawyer. Laws vary from state to state. A lot will depend on if you wife owned the house before you were married or if it was purchased after the two of you were married.
2007-05-16 03:53:13 · answer #6 · answered by Beckers 6 · 0⤊ 1⤋
You can talk to lawyer, but it doesn't seem like you would be getting alot of money - especially after paying a lawyer's bill. I don't think its worth it. JUST WALK AWAY. Get your own place; establish things in your own name. Get your own car too - why are you driving her sister's car. No one can take something that legally belongs to you. It seems you won't let go - "playing the waiting game." JUST LET IT GOOOOO!!
www.ditchtheex.blogspot.com
2007-05-16 04:08:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You really need a lawyer. Yes, they might be able to take the house away from you if you don't have proof of all your payments. You can get a free lawyer at Legal Aid. If you are caring for your child, you can file for permanent custody, too.
2007-05-16 03:51:36 · answer #8 · answered by Wiser1 6 · 1⤊ 1⤋
You need to file divorce papers and freeze your married assets so she can't. If everything is in her name then you have problems. You probably don't have any type of reciept, thinking she would never do this but they can be vicious and down right mean when they want to be.
2007-05-16 03:57:23 · answer #9 · answered by steinerrw 4 · 0⤊ 0⤋
Talk to a lawyer now. If you bought the house during your marriage then yes, at least part of it is yours. Even if she had it first, if you're married, part of the equity in it since you got married is yours. If SHE left, and left you there with the child you have even more right to be there but please- I know it's expensive but talk to a lawyer NOW.
2007-05-16 03:53:25 · answer #10 · answered by LB 6 · 0⤊ 1⤋