QUESTION
Can a husband force the wife out of the house if she is not on the deed but it was quick deeded to her?
Asked on Nov 19th, 2012 on Divorce - Michigan
More details to this question:
Husband has been cheating past 7 years. What evidence does the wife need to show proof he has been cheating?
12 ANSWERS
Steven D. Dunnings
Hire an attorney and private detective.
Answered on Apr 30th, 2013 at 3:20 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Cheating probably will not matter, depending upon the facts and financial circumstances of the parties. The wife is on the deed if it was quit-claimed to her.
Answered on Nov 21st, 2012 at 6:16 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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First, don't waste your time- California is a no-fault state. Nobody can kick anyone out without a court order.
Answered on Nov 21st, 2012 at 5:47 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado "cheating" is pretty much irrelevant to anything. You statement about the house is contradictory; if the property was Quitclaim Deeded to her, that makes her a legal owner who has as much legal right to the property has the husband; unless it was deeded solely to her, in which case husband has no paper rights at all. The ultimate decision about who gets the house will be decided by a judge in the divorce case if the parties cannot agree.
Answered on Nov 19th, 2012 at 7:11 PM
You have asked more than one question here, so I will try to give attention to more than one. If you have a quit claim deed, adding your name on the deed, you are a co-owner of the property and cannot, therefore, be put out of the house without a court order. As for showing that your husband is cheating, I am assuming you are thinking of divorcing, as you did not state that in your question.
Answered on Nov 19th, 2012 at 7:11 PM
Cheating is irrelevant in Ca. No he cannot kick you out of the house.
Answered on Nov 19th, 2012 at 7:10 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The court does not care about the cheating, so don't waste your time on the proof. He can't force you out of the house. File for divorce, there are standard protections once he's served. Opinion not legal advice.
Answered on Nov 19th, 2012 at 7:10 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Without a court order, neither party will be forced to move out. Further, both spouses can claim an interest to the house regardless of the name on the deed or mortgage. Consult with an attorney to discuss these issues in further detail.
Answered on Nov 19th, 2012 at 7:09 PM
It is my understanding that proof of wife cheating is not grounds to evict her. Try filing for divorce and getting the house through the divorce process.
Answered on Nov 19th, 2012 at 7:09 PM
The husband's cheating is irrelevant, so no "proof" is needed. The rest of the question does not make sense - if the house was quitclaimed ("quick deeded") to the wife, then her name is on the deed and she has rights as an owner of the property. I recommend consulting with an attorney for further guidance.
Answered on Nov 19th, 2012 at 7:06 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington cheating is irrelevant unless it constituted waste or effected the children.
Answered on Nov 19th, 2012 at 7:06 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First if the house was quit claimed to her (and the quit claim deed was recorded) in whole or part she is the owner in whole or part and her husband cannot force her out of the house without a judicial order which will be tough to get. Second whether the husband has been cheating on her does not matter to this analysis. It might matter to a divorce court and a distribution of marital property in a divorce but it does not matter legally otherwise.
Answered on Nov 19th, 2012 at 7:05 PM