QUESTION
Do I have any rights if the house is wholly owned by my husband?
Asked on Feb 20th, 2013 on Divorce - California
More details to this question:
My husband of two years is filing for divorce and says we, my mother and I have to move out. He owned 1/2 of the house before we were married and then bought the other half on a land contract 1 month before we got married. Do I have any rights?
6 ANSWERS
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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He can't kick you out without some showing of abuse but ultimately you will have to vacate.
Answered on Feb 24th, 2013 at 9:48 PM
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 have rights to the marital portion of the equity in the home.
Answered on Feb 21st, 2013 at 2:35 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You dont own the home, but I dont think that you have to leave at this time, until the court orders it. You may have an interest in the property that you are entitled to be compensated for, depending upon how and when payments on the mortgage were made.
Answered on Feb 21st, 2013 at 2:34 PM
If any community income has been used in the property then you have an interest. Even if you do not, the court will give you time to find a new place to live. You should consult a family law attorney to review all of the facts and advise you.
Answered on Feb 21st, 2013 at 2:34 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Talk to an attorney. He cant kick you out right now.
Answered on Feb 21st, 2013 at 2:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, and you will need to have counsel on this and other issues which will arise in your upcoming divorce.
Answered on Feb 21st, 2013 at 2:33 PM