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Question
Posted by: Candace | 2011/09/14

Need some direction please

I need some advice please. My husband and I are going through a separation that might lead to a divorce. I am not going to waist time but we have been fighting and arguing more that animals do up until I decided to move. He is living in the house. I am living by my mom. I pay for the house as legally I am liable to. Which means I am paying for a house that he is living in. I pay my share. He does not want to move out and does not want me to move in so that he can move out. He refuses to sell the house. In the mean time the house looks so damaged. He is breaking it down. I am so alone with making decisions but have to keep strong as I have a daughter of 14. Me and her are living in a 3x4 room on a single bed. I have to provide and don’ t know how to handle is. We are married by contract. Antenuptial contract. We signed the contract before we got married. Am I liable. I want to move in for at least 3 months so that I can see to selling the house. But he would not let me. I would really appreciated some guidance. I cannot live by my mom any longer as she already said I must be out by the end of the month cause I am invading in her privacy. I’ ve only been there for 6 weeks & #61516  Thank you!

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Our expert says:
Expert ImageCyberShrink

Sounds like you really need good legal advice to understand your rights and to protect them. Much will depend not only on who is paying for what, but on whose name the house is in, etc. The exact terms of the antenuptual contract will be important, too. Its a pity your mom isn;t apparently being as supportive and understanding as she might. I think a lawyer should offer at least an initial free consultation, and this could include whether you might get repayment of legal expenses in a likely settlement

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Our users say:
Posted by: Candace | 2011/09/14

You guys are great. Thank you for the advice. I cannot go back home and live under one roof with him as there was physical abuse and emtional from both sides :( that is the reason I left because it was unhealthy. Much love!

Reply to Candace
Posted by: Liza | 2011/09/14

Many lawyers give a free first consultation where you can find out what your rights are and how to manage the situation legally.

If the house is in both your names, then you have the right to live in the house until the house is either sold where the proceeds will be divided between you, or he has to buy out your share of the house, or you have to buy out his share of the house.

It also depends on when the house was purchased. Before getting married or after getting married? Also, is your anti nuptial contract with accrual? or without accrual? Because with accrual - if the house was bought after the wedding, he has a right to part of it even if it''s only in your name. If you''re married without accrual AND the house is in your name only, you have every right to evict him because then he has no legal right to the house UNLESS you agree to it in the divorce settlement - which you really don''t need to do.

Good Luck
Liza

Reply to Liza
Posted by: Romany | 2011/09/14

Post ths on the Family law expert''s site as well. Also mention in whose name the house has been registered.
As Purple says, you need to consult a lawyer asap. One consultation will not cost very much and once you know what your legal rights are you can proceed within the law.

Reply to Romany
Posted by: Purple | 2011/09/14

you should probably contact a lawyer as a first step. You may need to evict him from your property.

Another option is to try mediation, though if this is the way he behaves, he probably won''t be willing to make any compromises and mediation might fail. Generally it only works with reasonable adults, not adults who are as stubborn as toddlers.

Reply to Purple
Posted by: cybershrink | 2011/09/14

Sounds like you really need good legal advice to understand your rights and to protect them. Much will depend not only on who is paying for what, but on whose name the house is in, etc. The exact terms of the antenuptual contract will be important, too. Its a pity your mom isn;t apparently being as supportive and understanding as she might. I think a lawyer should offer at least an initial free consultation, and this could include whether you might get repayment of legal expenses in a likely settlement

Reply to cybershrink

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