kerz246
recently joined
Reged: 07/14/10
Posts: 4
|
|
Do you know my rights here? When we bought the house 5 years ago, I have always covered the mortgage every month with my income. He covers utilities. He wants to separate. He is now seeing someone else and I want him to leave. But I am pretty sure I cannot maintain the house without his contribution. Someone said that I might be able to get him to leave and still pay for utilities until I find a room mate or sell the house. Is there any validity to this?
thanks
Kerz
|
yregna
veteran
Reged: 07/25/06
Posts: 1265
Loc: Oregon
|
|
Your BF is a genius, gettin' you to pay the bills. You must be really unattractive, though...
--------------------
"Anything free is worth what you pay for it..."
"Climate is what we expect, weather is what we get"
|
palmel1234
journeyman
Reged: 03/05/10
Posts: 93
|
|
Short answer - if both of your names are on the mortgage, no, you can't kick him out.
I tried to get my ex out of the house, spent 3K in legal fees and couldn't get him out.
It sounds like you are both working and if that's the case it's not likely you will get spouse support, which is what your friend was probably talking about. You can't get him to pay for the utilities or anything else until you get a temporary order of support filed, and that can't be filed until the two of you are no longer living together.
If he refuses to move out and you can't afford to maintain the house on your own, you are probably better off moving out yourself and getting an apartment.
That's what I had to do. Yeah, I risked ruining my credit but after I moved out my ex started paying the mortgage himself because he didn't want his credit ruined.
Once you move out, you can file for temporary support, but if there's no kids, it's not likely you'll get anything. But a judge will force the sale of the house, since that has to be divided up.
|
kerz246
recently joined
Reged: 07/14/10
Posts: 4
|
|
wow that was so helpful. You must be pretty stupid.
|
kerz246
recently joined
Reged: 07/14/10
Posts: 4
|
|
To Pamel: Thanks for your input. very much appreciated.
|
palmel1234
journeyman
Reged: 03/05/10
Posts: 93
|
|
You're welcome. Good luck to you.
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
Man! One post and you pegged our board troll. LOL Pay no attention to the yregna behind the curtain. He's a sad little man, likely just bored and trying to amuse himself.
You weren't clear in your post about some things.
a) Were you married? Sounds like a roommate situation in some respects. If not married, it makes a HUGE difference.
b) Is his name on the mortgage?
c) What state are you in? If community property, won't matter if his name's on the mortgage or not. If not, it may mean the house is yours.
Short answer though, you can't "kick" anyone out. You'd have to go through legal eviction proceedings to have anyone removed.
--------------------
Char Fox
|
kerz246
recently joined
Reged: 07/14/10
Posts: 4
|
|
Thanks Char!
A) I am married to him still. Def. not a roommate situation. We've been married for 10 years.
B) His name is on the mortgage and the Deed.
C) Massachusetts
He has moved on and I am grieving. It's really unhealthy and painful for me to see him making plans to go be with the gal he is leaving me for. 
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
If he's making plans, you don't have to kick him out, he'll be leaving.
Secondly, he'll be her pain in the butt now. ;-)
I know you're grieving, so you need to look at the brighter side wherever possible so you don't sit and feel miserable.
--------------------
Char Fox
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
