who leaves the house

    its my name on the mortgage/deeds ,i have 3 kids but my husband says if im not happy i should leave not him as no court would evict him,is this true

    0  Views: 1964 Answers: 2 Posted: 12 years ago
    Tags: help

    2 Answers

    After some brief checking, it seems the only way you can make him leave is for you to file for divorce and even then it is difficult to have him "evicted" if he's not been abusive towards you or any children who may be living there. Otherwise, as long as you remain married to him, he has a legal right to stay in the house. As for who actually owns the house after a marriage, that depends on the state the house is in. Some states say if you own property (anything for that matter) before marriage, it remains solely yours even if you marry. If the home was purchased while married, it can community property and a percentage of the value is given to the spouse who did not purchase the house (again, this depends on the state). Other states automatically view property as community property if you are married no matter when the property was purchased. Your husband could legally own 1/2 your house even without his name being on the deed. You'll have to check with your state to see how they handle ownerships after marriage. This answer may be found by visiting your town clerks office where titles and deeds are handled.

    Sometimes it's just easier to take the kids and be the one to abandon ship. If he truly loves his kids he'll realize in the end that they need a home more than him...if not, it shows his true character. I left everything and started over with two boys in tow. We did it, and are so much better for it. The house and everything is just stuff, it can be replaced. Make sure if you leave, that the kids have everything they need to be safe and comfortable. If he is any type of a father this shouldn't be an issue.You can replace things but you can't replace the time wasted in fighting over it. Put the kids first, but don't stay in a bad place thinking you're doing them any favours...children learn what they live!!!

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