My husband and I are divorcing, and he's not being cooperative about the house. The mortgage is in my name, as his credit is very poor, bu tthe house is in both of our names. I volunteered to take over the mortgage payments and our remaining balance from when we put work into the house (15k) in return for him moving out. We've lived there under 2 years, and with the poor housing market we won't get close to what it's worth. Since the mortgage is in my name do I have al legal right to ask him to leave?
2007-10-08 09:01:49 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Firstly, change the locks.
Secondly, pack his stuff up and tell him to come and get it.
He has no legal right to the property if you have transferred it into your name and therefore he is a guest in your house.
2007-10-08 09:20:22 · answer #1 · answered by Very happily married. 7 · 0⤊ 1⤋
He doesn't have to leave, yet. If the house is in both names, then he has as much right to be there as you do. Who's paying the loan is of no consequence at this point. Down the road it might, but that will be for a judge to decide.
Please, DO NOT change the locks. DO NOT toss his stuff outside. You don't want to get yourself in trouble.
Try to remain as calm and reasonable as you can. Give yourself some space and bide your time.
Get an attorney, and start the ball rolling. They will tell you how to proceed.
Sorry for your problems.
Best of luck to you.
2007-10-08 19:35:08 · answer #2 · answered by Puresnow 6 · 2⤊ 0⤋
There will be a ruling on this from the judge during your divorce hearing. If the judge rules that he move out and he doesn't, the prosecutor can send out a warrant for his arrest due to non-compliance of a court order.
2007-10-08 16:08:28 · answer #3 · answered by artistagent116 7 · 0⤊ 0⤋
the judge will tell you what you will do about it.. the one that can keep it and make the payments can buy the other one out in IN. also if you cant agree they can make you sell it and pay off the bills of it and then split anything that is left. so talk to your lawyer in your state they can help you.. when you have things like assets and you cant agree then you need a lawyer for that..
2007-10-08 16:29:27 · answer #4 · answered by Kat 5 · 0⤊ 0⤋
How about you two get back together and dont divorce,coz in marriage you two are one,so sit together as a team just like in a bussiness there are ups and downs but in teamwork bussiness will florish in the end,so husband and wife teamwork in planning about life you two will florish a hundred fold,so work out you twos weakness get bac together,life will soon be enjoyable between you two,you two are one in marriage,
2007-10-08 16:14:21 · answer #5 · answered by Pacino 2 · 1⤊ 0⤋
see a lawyer law varies from state
the fact that he has poor credit and its in ur name should have been a warning sign
next time do a background check and a credit check
and get a pre-nup
2007-10-08 16:06:49 · answer #6 · answered by swddrb 4 · 2⤊ 0⤋
depends on what state you live in.i would contact a lawyer for free advice. i know the state of wisconsin is a fifty fifty so both could stay in the house. doesnt matter whose name the house was in.
2007-10-08 16:07:33 · answer #7 · answered by Fran J 5 · 0⤊ 0⤋
Girl, GET A LAWYER! Yeah, it'll cost you a few bucks- but will save you thousands in the long run.
2007-10-08 16:25:50 · answer #8 · answered by sfcgijill 3 · 1⤊ 0⤋
yes you do but the court will diside in the end what happens good luck unless you can work it out between the 2 of you
2007-10-08 16:06:19 · answer #9 · answered by cowboyway . 2 · 0⤊ 0⤋
yes
but I hope youve have tried to work it out
most of the time its less of a headache
but you also need to have kept really good records showing that you were making the payments on your own
2007-10-08 16:05:59 · answer #10 · answered by iampricelessru 2 · 0⤊ 0⤋