QUESTION
Will I lose my house if I have to move out because my husband becomes abusive?
Asked on Nov 29th, 2012 on Divorce - Texas
More details to this question:
My home is the only asset I have and I am afraid he will not make mortgage payments and I will lose the house so I need to stay.
10 ANSWERS
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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You need to consult a lawyer. You may want to file for divorce or a separate maintenance agreement. You would lose the house if no one makes the mortgage payments.
Answered on Dec 02nd, 2012 at 10:27 PM
No, leaving the house does not in any way affect the ultimate disposition of the asset during dissolution.
Answered on Dec 02nd, 2012 at 7:11 PM
Go to court. They all have self help centers. Ask for him too move out.
Answered on Nov 30th, 2012 at 12:10 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he becomes abusive immediately file a restraining order and ask for a kick out order so he has to leave the house. Never stay in an abusive situation. If he attacks you, call the cops. You can't enjoy a house if you're dead or in hospital. Opinion not legal advice.
Answered on Nov 30th, 2012 at 12:09 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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You can get a court order for possession of the house in a divorce action. The issue of payment and other support factors will be considered. Talk to a lawyer to discuss further.
Answered on Nov 30th, 2012 at 12:08 AM
Steven D. Dunnings
Hire an attorney.
Answered on Nov 30th, 2012 at 12:08 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If you file suit for divorce the judge can hold a temporary hearing to decide who has possession of the house and pays the bills. I suggest you hire a lawyer.
Answered on Nov 29th, 2012 at 6:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, file a case and have the abuser ordered out of the house.
Answered on Nov 29th, 2012 at 6:22 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can make the mortgage payments if he misses them without living there.
Answered on Nov 29th, 2012 at 6:08 PM
No, the court can still award you the home if that is an appropriate division of property. If you leave your home to avoid abuse, it is unlikely a court will consider that you abounded the property.
Answered on Nov 29th, 2012 at 6:07 PM