Rights to house

Posted by: shulvr

Rights to house - 11/14/11 08:33 PM

Ex-husband and I filed for separation and was done back in Jan. and I moved out and left most of my stuff in the house. I still am an owner of the house, but he has changed the alarm code and won’t let me back in. What are my rights? He also refuses to pay child support or buy me out of my half. So frustrating!
Posted by: DedicatedDad

Re: Rights to house - 11/16/11 12:49 PM

Does he have legal exclusive use of the house? Is there a court order for child support?
Posted by: shulvr

Re: Rights to house - 11/17/11 04:21 PM

No, we are 50/50 owners of the house and everything in it. I called the alarm company and changed the [censored] and the code so he won't be able to set the alarm without setting it off again. The alarm company was able to turn the alarm off remotely. The papers say he has to pay support, but the attorney did not designate a dollar amount because she thought I should wait and to be based on current income. Since there is no dollar amount he refuses to pay anything. I now have the child support division with the state dealing with it, but it will take up to 6 months to get resolved. Ladies - When he says "if you leave you leave with nothing" before you do make sure your ass is covered on all sides. Holy cats I am learning the hard way, but in the end it was still worth it.
Posted by: DedicatedDad

Re: Rights to house - 11/17/11 06:22 PM

If he goes to court, he will be granted exclusive use of the home simply from the length of time you haven't lived there. How much equity is there? If he stays, he will have to refinance the home to pay your 1/2 (If it was bought during the marriage), or if neither of you can afford it, the judge may order it to be sold. If there's negative equity (you owe more than it can be sold for), that's a whole different ball game.

No child support is owed until there is an actual order, but once CSE establishes an amount, it usually goes back to the time you applied for it, so there will be arrears owed.