QUESTION
Can I get put out my house because I committed adultery even if I owned the house with her?
Asked on Nov 25th, 2012 on Divorce - Michigan
More details to this question:
Both names are on the deed. If she can how long can she kick me out for?
7 ANSWERS
Your actions will not affect the court's ruling on who should occupy the house during the dissolution. She can not make you leave without a court order.
Answered on Nov 29th, 2012 at 4:11 AM
California is a no fault divorce state so the commission of adultery is irrelevant in retaining possession of your home or any other asset. Generally you can only be excluded from the family home in cases of domestic violence - physical or verbal.
Answered on Nov 29th, 2012 at 4:06 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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No, she cannot legally evict you from a house where your name is no the deed, unless she accuses you of domestic violence and the court orders you to leave.
Answered on Nov 27th, 2012 at 10:58 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She can't kick you out. She'll need a court order and the court won't make an order until the end of the case, UNLESS there's domestic violence. So watch your back and don't push, shove, bump into her in the doorway, etc.
Answered on Nov 27th, 2012 at 10:58 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Adultery in Colorado has no relevance to anything. As part of a divorce case the question of who will keep the house is a question to be decided by agreement or by the judge. Until there is a divorce agreement or judicial ruling, joint ownership means that both parties have equal legal right to the property. She can't "kick you out" except as part of the divorce case.
Answered on Nov 27th, 2012 at 10:57 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, adultery is irrelevant unless it constituted waste or effected the children.
Answered on Nov 27th, 2012 at 10:56 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Until there is an order you can stay in the home. You have an equity claim to the house that will be part of the divorce property settlement. Consult with an attorney to discuss your options and expectations as to this asset.
Answered on Nov 27th, 2012 at 10:52 AM