or will i get to keep it. he dont want it but he sure isnt going to just walk away from it he wants money for his half. I dont want to be with him no more. We also have two kids together I need help dont know where to turn to. Yes we are still living together
Is your name on the deed? Are there any documents showing how much each party contributed when purchasing the property? You do not get to keep the property, unless he agrees to it. You need to file a lawsuit called "Partition" which pretty much asks the court to sell the property and divide the net proceeds. Or you can buy out his share or he can buy out your share (an appraisal would need to be done to determine the fair market value of the property).
As to the abuse, if there are recent incidents of abuse and/or threats by him to hurt you and you are currently in fear for your life and/or the life of your children, you can go to your local courthouse and file for domestic violence injunction. If the judge grants it, the father will have to move out. Thereafter, you can file a Petition to Establish Paternity and Related Relief, where you can ask for child support. See below link to the forms you need.'
http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.