QUESTION
What am I entitled to if the house is in both our names?
Asked on Nov 03rd, 2013 on Divorce - California
More details to this question:
I have been separated from my husband for a year now. We own a house together, but he is living in it. He threw out all of my belongings in the trash. I have seen them in time before the trash man came to throw them away. He is living in the house, I am living with my mother. I have been out of work for over 3 months now and he has never given me a dime to help me in over a year. I want a divorce, but I cannot afford it. I don't know what to do. I am entitled to stay in my house, but he is there, is that correct? Since my name is on it too?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You should contact your county Legal Aid office.
Answered on Nov 07th, 2013 at 9:33 PM
Bruce Provda
Yes, actually you are both entitled to stay in the house until the divorce is settled. During the settlement a decision will be made by to either have him buy out your interest or you his or you sell the house and split the proceeds. You can speak with an attorney, if your husband has all the assets then you can have him pay your attorney fees.
Answered on Nov 07th, 2013 at 9:32 PM
4 Awards
Yes, the house belongs to both of you. Visit with a lawyer about how this will work. Generally, one of you will receive the house in a divorce or legal separation. Any mortgage or debt against the house will be assigned as well. If there is equity there, the person receiving the house may owe the other party to "buy them out" of their interest. An attorney can help you understand this process fully.
Answered on Nov 07th, 2013 at 9:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will have to file for divorce to invoke the jurisdiction of the Court. You should have rights in the house and the other marital property. If you have no means to pay, and he does, it is possible the court will order him to pat, or help pay, for your attorney.
Answered on Nov 07th, 2013 at 9:30 PM
Yes you can live on the house. He has no more right to it than you do.
Answered on Nov 07th, 2013 at 9:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You are, but will the hassle be worth it? Call you local bar association and see if you qualify for pro bono legal services. If not, call local family law attorneys. There is a good chance that someone will take the case on the basis that they will get your husband to pay their attorney fees.
Answered on Nov 07th, 2013 at 9:29 PM