View Full Version : Legal rights of occupancy of home after divorce
lilacmlk
Jul 9, 2008, 12:24 PM
My ex husband and I divorced 4 years ago, after the divorce, we both decided [Not in writing} that I should stay here until my 6 year old son turns 18. Verbal agreement from my ex repeatedly said in front of my older son who is 18. We have been living as husband and wife and family in every way, with the exception of not having sexual intimacy for religious purposes. As well as me not attending his church. My ex husband has recently met a women in his church who he believes he is in love with. I haven't any problem with that. However, he is now threatening to throw me ouy , so he can have his new girlfriend move in. I do not pay rent, nor have I ever, nor has he requested me to,, because of everything I do in the house for him. All of the utilities are in my name and never were removed since our divorce. Can he evict me,, even though we had a verbal agreement that I would stay here until our youngest son was 18.? The house is in his name only, utilities in my name only. Thank you, sincerely, Lilacmlk
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ScottGem
Jul 9, 2008, 12:32 PM
The answer is maybe. Verbal agreements can be binding if they can be proven. Unfortunately, your son is a biased witness if it comes to court.
Your ex just can't throw you out. You have established residency so would need to be formally evicted. But since he is the property owner, he could do that. At the hearing you would introduce the verbal agreement.
Frankly, though I think a judge might agree you have to move, but that your ex would have to pay for your new housing.
cdad
Jul 9, 2008, 12:33 PM
My ex husband and i divorced 4 years ago, after the divorce, we both decided [Not in writing} that I should stay here until my 6 year old son turns 18. Verbal agreement from my ex repeatedly said in front of my older son who is 18. We have been living as husband and wife and family in every way, with the exception of not having sexual intimacy for religious purposes. As well as me not attending his church. My ex husband has recently met a women in his church who he believes he is in love with. I havent any problem with that. However, he is now threatening to throw me ouy , so he can have his new girlfriend move in. I do not pay rent, nor have I ever, nor has he requested me to,,,because of everything I do in the house for him. All of the utilities are in my name and never were removed since our divorce. Can he evict me,,,even though we had a verbal agreement that i would stay here until our youngest son was 18. ??? The house is in his name only, utilities in my name only. Thank you,,sincerely,,Lilacmlk
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Im trying to understand this. You got a divorce without living separate ? Or did you get back together after the divorce was final ? Also what state are you in ?