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Me and my kids mom split up the other day and she says she is going to keep my house and not move out. The house is in my name alone and me and her were not married. She said she can take me to court and because we have a kid the judge would make me move out. Is this true? We have lived there together for 4 years and we both have put money into it.
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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NO, hire an experienced paternity/custody attorney.
Answered on Sep 13th, 2012 at 2:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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She has no better idea of what a judge will do than you do. If you are not married and the house is legally yours, it is unlikely that a judge would permit her to stay in the house for more than a temporary period to find someplace else to live. You need to consult a lawyer about your options and what needs to be done as a result of your decision to simply live together and not get married.
Answered on Sep 13th, 2012 at 2:38 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Only if there was some sort of domestic violence. That would be temporary until trial.
Answered on Sep 13th, 2012 at 2:36 PM
It may be true in the short run but who ultimately ends up with the house depends upon the ultimate disposition of the property.
Answered on Sep 13th, 2012 at 2:36 PM
Dennis P. Mikko
At some point there may have to be a division of the property the two of you acquired while living together. However, she will not be able to take 100% of your house.
Answered on Sep 13th, 2012 at 2:31 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, there are several factors the Cort would weigh in determining which person would have custody and which person could have ownership and/or use of the marital home. You should really consult witha local attorney in regards to this matter.
Answered on Sep 13th, 2012 at 2:30 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If you never married her and title to your house is in your name alone, she has no interest in your house and the judge should order her to get out of the house. The only issues will be when and to where. You are better off if you help her find another place to live - it will be faster than waiting for a judge to order her to get out. You should file a paternity action and ask the judge to order her to vacate your home ASAP.
Answered on Sep 13th, 2012 at 2:30 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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no. However if she alleges domestic violence or obtains a restraining order, you will be "kicked" out of your house at least on a temporary basis. You should consult with an attorney for a more detailed explanation, immediately.
Answered on Sep 13th, 2012 at 2:29 PM
Leonard A. Kaanta
She does have rights to huse because she contributed to it, the house end up bieng sold in the final judgment,
Answered on Sep 13th, 2012 at 12:27 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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In order to get this question answered, you need to consult with a family lawyer in your area. There are many possibilities here.
Answered on Sep 13th, 2012 at 11:43 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, it is not true.
Answered on Sep 13th, 2012 at 11:16 AM
Barbara A. Fontaine
If this is your house and you are not married to her, she does not have any right to the property. If she has custody of the children, you cartainly want to pay reasonable support so that they have good housing, etc. Be sure to file for joint custody and visitation if the children are going to live with her. They will need to see you more than ever. Be a good Dad. They can visit you in their own rooms at your house.
Answered on Sep 13th, 2012 at 11:05 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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In Ohio, when you are not married, if the house is solely in your name, it belongs to you. The court cannot order that she gets to live there with the child. However, if she has put money into the house, she could have a legal action against you for her investment.
Answered on Sep 13th, 2012 at 10:56 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally no.
Answered on Sep 13th, 2012 at 10:24 AM