My boyfriend just left his wife a couple months ago. He purchased the house before they were married but refinanced it while married but her name is not on either the house or the note. She has not worked in five years and cant afford the note. She has been in jail for DUIs several times and thats why he left her. She cheated on him and made him miserable. Now she wants to stay in the house while he pays the note. Can he kick her out or is this considered community property and she can stay until the divorce? She is able to work but is too lazy!!!!
2007-08-24 04:43:03 · 6 answers · asked by Angie A 1 in Family & Relationships ➔ Marriage & Divorce
They had no kids together. Spousal support to an able body person would be ridiculous.
2007-08-24 05:33:46 · update #1
Of course he can remove her from the house. First of all he OWNS the home... she has no community property interest in a home purchased prior to marriage, except a marginal reimbursement interest at best.
Any rights she has relate to reimbursement not title/ownership. He can evict her or he can file a motion with the court and request that she immediately vacate his separate property residence.
Additionally, married people have fiduciary duties to each other. Simple stated if she's in the house she pays the mortgage. She must maintain ANY asset she is in control of i.e. car, house, etc. If she does not pay the court will place the asset in the other party's possession.
It would be a whole lot quicker to file a motion with the court to have her removed then to start an eviction process.
The fact that "she has established this as her residence" is non-sense... she MUST leave the home. This woman does not even have standing to buy him out of the home even if she had the financial ability to do so.
2007-08-24 06:17:37 · answer #1 · answered by Daniel 6 · 0⤊ 0⤋
I live in Louisiana and it is a community property state. If she is legally married to him then she has just as much right to the house as he does, regardless of if her name is on it or not. However, if there are no kids involved he is responsible for paying for the house if he wants it. He can't make her leave the house.
Until the divorce is final and everything is divided he is not obligated to pay the note, but this may result in him loosing his house and ruining his credit. He may have to pay her spousal support if he was the sole income.
2007-08-24 12:17:43 · answer #2 · answered by ky032102 1 · 0⤊ 1⤋
He may get the house in the divorce but putting that aside, he can't just through her out. She has established residence and that would mean that at the least he will have to give her as much notice as a landlord would a tenant. You have to check with an attorney or find out what the local laws are to know for sure as to ownership of the house.
2007-08-24 11:50:23 · answer #3 · answered by ophirhodji 5 · 0⤊ 1⤋
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2007-08-26 12:26:23 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If there kids and she has them then no he can't.
But if he has the kids or there weren't any then he can give her a 30 day notice as long as her name is not on the house or the morgage
2007-08-24 11:47:42 · answer #5 · answered by Spring 5 · 0⤊ 2⤋
Your boyfreind,..... this guy is someones husband.
2007-08-24 11:48:43 · answer #6 · answered by kim t 7 · 0⤊ 0⤋