QUESTION
How do I keep the house and the kids if my wife left me and we are both unemployed?
Asked on Jul 08th, 2014 on Divorce - Florida
More details to this question:
She is off her anti-depressant meds and is unreasonable. I think we are done after 20 years. She is staying in a cheap motels using her disability check instead of paying the utilities at home. I am looking for work and finding none yet. I want my kid’s home with me and her gone. She needs help but I can't give it to her. She has violent tendency toward me but not the kids.
8 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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This is not really a divorce question, but a simple contract and real estate question. I am sorry that you're unemployed, and that you are unable to afford your house payment, but there is nothing in divorce law that will allow you to stay in a house you can't afford. You may be thinking that you would go to court and ask the court to order your wife to apply for disability payments to the mortgage and utilities of the house, but that's a tricky question because it's always a question of whether disability payments that go to a certain person can be garnished by a court and ordered paid to someone else.
Answered on Aug 27th, 2014 at 10:45 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Then file a petition for dissolution.
Answered on Jul 11th, 2014 at 1:31 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You need to file for divorce and get temporary custody of the children and ask for support.
Answered on Jul 11th, 2014 at 3:14 AM
You can file for divorce and ask the court to award the home to you.
Answered on Jul 11th, 2014 at 3:08 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You go on public assistance or find money somehow.
Answered on Jul 10th, 2014 at 11:52 AM
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Stay in the house and keep the children with you (do not allow her to take them). You will need to file for divorce and ask for temporary custody, exclusive possession of your home, and child support (so she can help pay for the house for the kids). If you cannot afford a lawyer, try to look into a Self Help Desk in your area, staffed by volunteer attorneys. They can help you with the pro se (self-representation) paperwork for divorce. Best wishes to you and your family.
Answered on Jul 10th, 2014 at 8:46 AM
The best approach you can do is to begin the Dissolution process, by filing your Petition, so that the Court can obtain jurisdiction and take control over the circumstances. Don't wait. Get it started! Good luck.
Answered on Jul 10th, 2014 at 8:15 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If she receives disability contact Social Security and request they reroute the dependent benefits (money for children) to you.
Answered on Jul 10th, 2014 at 8:07 AM