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Home > Law > Family Law   »   separation

 
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Old Oct 6, 2006, 01:26 PM
nrjxsn78
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separation

Hello I am new to this site. I have made up my mind that my marrige is over.
I have been married 5 years. I have 2 children by him and two from a previous relationship, that they call him dad. Out of the 5 years we have been married he has only worked maybe 1yr. He refuses to work or do anything. The only reason I have not left is because I am scared of how i will do it with baby sitters and stuff. I work midnights, so i know i will have to find a new job. I asked him to leave the other day. And he refused, he said i could not make him. I bought a house this year, his name is on nothing. Can i make him leave legally? I have come to the conslusion that he doesn't belive me. I feel like I have a extra child to take care of. Yes he takes care of the children during the day. He is not a bad father, he is a terrible husband. If anyone has any info on how to legally make my husband leave I would be greatful.
Thanks

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Old Oct 6, 2006, 03:10 PM   #2  
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Is a terrible husband because he is not working? Not working is not a good reason to leave a husband...as for the house it has his name on it...he is married to you..starting a new job is not the easy...Are you comfortable with the job you have? if so keep it...tell him he will have to take care of the kids 24/7 like a house wife...never use the words my husband is a babysitter...these are his kids also...do not demean him of that status...of a babysitter to his own kids...you are mad...and I do not blame you...let just stop and discuss the situation before you leave a trail of problems...must understand both sides of the issues...there is nothing wrong with a house husband...
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Old Oct 6, 2006, 03:11 PM   #3  
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I'm pretty sure the only way legally he would be forced to leave is when you get a divorce and after he signs the quit-claim afterwards... Although the fact that nothing is in his name and all yours, the case might be different... You might want to get an attorney and look for a reprieve that way.
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Old Oct 6, 2006, 03:12 PM   #4  
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Luna,

Read the OP again. The house does not have is name on it, so she should possibly be able to evict him, but maybe only through divorce papers.

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beautifuldiva agrees: I agree that's what i was thinking too... and yes people should read the OP's carefully before they judge... :(
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Old Oct 6, 2006, 03:24 PM   #5  
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Hello nrjxsn:

I can't help you with your personal issues, but if you live in a community property state, he owns half the house even if his name isn't on anything. It's on the document that counts - the marriage certificate.

excon

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J_9 agrees: Good point. I forgot about community property.
beautifuldiva agrees: Ah me too... forgot about that
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Old Oct 6, 2006, 03:48 PM   #6  
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The house regardless of whose name is one it was purchase while they were married...if the person had reside at the home a certain amount of time he can not be force to move without cause...and please J-9 do not tell her the cause...pretty please...
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Old Oct 6, 2006, 03:50 PM   #7  
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Okay, I won't
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Old Oct 7, 2006, 05:57 AM   #8  
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nrjxsn78... was your husband "changing jobs like he changes underwear" when you married him?

I don't understand how a husband/father can feel like a man when he can't even support his family! Does he have mental issues... depression?
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Old Oct 7, 2006, 07:39 AM   #9  
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Quote:
Originally Posted by nrjxsn78
The only reason I have not left is because I am scared of how i will do it with baby sitters and stuff. I work midnights, so i know i will have to find a new job.

If anyone has any info on how to legally make my husband leave I would be greatful.
Hello again, nrjxsn:

Single raises a good point. You should have known........ However, we're not here to beat you up. You need help.

In my view, the only way you can get him out is to file for divorce, and to do that EFFECTIVELY, you need an attorney. Therefore, since you've already made up your mind that the relationship is over, it's only a matter of when, how much it's going to cost, and whether you're willing to go through what you're going to HAVE to go through, to afford it.

So, it's really just a numbers game. And you ask a very good question. How WILL you handle day care and jobs and stuff? Go shop for a divorce lawyer. See what kind of financial arrangements you can make with him. Once you have your ducks in a row (and it probably won't be tomorrow), throw the bum out!

Meanwhile, mums the word. Be a sweet little wife.

excon
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Old Oct 7, 2006, 07:39 AM   #10  
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Even if you bought the house on your own without his signature, it is , in most states, considered a marital asset. As long as he's not abusing you or the kids (in the law's eyes, not necessarily your own) you probably cannot legally force him out at this point. The best you can do is divorce him, sell the house and split whatever proceeds are left after all liens are satisfied. Now, is the only problem the fact that he's not working? It sounds like he is a househusband. Is that not satisfactory to you? Keep in mind that if he works that's less time he has for the kids and you'd have to pick up the slack. Unless there's more to this situation that you haven't posted I'm not sure you really have a problem worth ending your marriage over.
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