QUESTION
Is it possible for me to file a motion for immediate residency of our new home since I currently have no place to live?
Asked on Jan 20th, 2013 on Divorce - Florida
More details to this question:
Motion for me to take residency in a new home purchased with Ex. I just purchased a new home with my girlfriend (and mother to our 1 year old son) last September 2012. Currently, we live in her house that she solely owns. We have now split up and I have no place to live. Her name is on the Mortgage of our new home and my name is on the Deed and Title. At closing, I put $40K down on the house and over the past 4-5 months put another $60K remodelling the house and paid every mortgage payment to date.
7 ANSWERS
2 Awards
You have rights to your own property. But because you all are split, there could be problems if you seek to enforce them directly, Please talk to an attorney who can explain this in detail for you.
Answered on Jan 28th, 2013 at 2:48 PM
Yes, you certainly can motion the court to occupy the new residence. You should consult a family law attorney or facilitator to assist you with the proper forms.
Answered on Jan 24th, 2013 at 9:04 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find an attorney. Your name is on the deed so you are an owner. File a paternity action for custody. Talk to an attorney about whether house can be handled under paternity action or whether you need a civil attorney.
Answered on Jan 24th, 2013 at 10:24 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If Ex is not living in home, you can definitely do that. You can even do that if Ex is living there but if there is an Order of the Court allowing her to stay you need to prove why you need to more than Ex. Court is not concerned with your relationships only with their Orders.
Answered on Jan 24th, 2013 at 10:23 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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I'm not sure from your question who is currently living in the new home. You cannot just file a motion, you must start the process, and you may as well, with a complaint. I imagine you will be selling the new home and splitting the proceeds, but to permit an equitable division you will likely need a partition action. After the complaint you can move for sole possession. This is not law 101. You need a lawyer. Do not try to do this yourself.
Answered on Jan 24th, 2013 at 10:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds like it is your house, get an attorney.
Answered on Jan 24th, 2013 at 10:22 AM
You should first file for divorce. In the divorce you can ask for possession. If you are not married, you can file a partition action and ask the Court to sell the home and split the equity gained or one of you can buy the other out. Unfortunately, if you both are on teh title, you both have rights to the home. It does get a bit complicated so I would advise you consult with an attorney because I would need additional information to answer this question completely.
Answered on Jan 24th, 2013 at 10:22 AM