A married couple has 2 homes. Both homes were purchased during the marriage. Both homes are paid for. The couple agrees to separate. Both homes are in the husbands name. The wife moves out of the family home and into the other property (its valued more). The couple is in agreement with divorce. However, since the separation two life occurred. The husband moved his girlfriend into the family home, has purchased additional property, and physically assaulted the wife. The wife has proof (pictures and witnesses). Law enforcement was not called. What are the chances of the wife being able to fully win the property she is residing in? Can she(the wife) have the girlfriend evicted from the marital property? Is the wife entitled to the marital property (family home) that she life.

First, why was the physical altercation not reported to the police? Why are the properties both in his name only. If the homes were purchased during the marriage they are marital property and should be evenly divided by the courts. The girlfriend, believe it or not, has tenancy rights. If she has made it her home for more than 30 days and is living with your estranged husband, you can do nothing to have her evicted. You have a real mess on your hands. I hope you are with a good atty. You need to be discussing this with him (her).

He pays the bills and I'm having medical problems. The girlfriend can stay in the home BC it will be easier for me to prove adultery in SC. My credit is poor this is why his name is on the title.

If you are awarded one of the homes, it will be titled in your name. You may be better off in negotiating the homes be sold and you get half of the proceeds and then you can pay off your debt. Your creditors will catch up with you eventually. Best do what you can to get them out of your life than to keep stringing them along. As to medical problems, I do not see why that is also a problem with the titles on the homes. You did not mention how long you have been married but how is it possible that you have credit problems and your husband avoided having your name on the properties. It sounds like there is more to this than what you are telling us.

Adultery proves little, courts do not care that someone is sleeping with someone, it does not help with property division at all. It may help with child custody, but nothing else.

But no, wife can not get both homes, property willl be divided fairly evenly, if couple can reach agreement, it goes better,

The two Attorneys will hammer out a settlement which may or may not be fair to both parties. It will be based on a lot of factors, some of which are not posted here.

With a good Attorney you can get the most favorable settlement.

It is impossible to forecast a divorce settlement - guess, yes. Know? No.

I don't want both homes, just the one that I'm in. There was an agreement between us that he would purchase home and provide upkeep of the home. He has done this. However, we have been married for 20 years. He makes three times as much as I do. Is it wrong for me to want to walk away with a home that's paid for.

]Adultery proves little, courts do not care that someone is sleeping with someone, it does not help with property division at all. It may help with child custody, but nothing else.

But no, wife can not get both homes, property willl be divided fairly evenly, if couple can reach agreement, it goes better,[/QUOTE]

"I don't want both homes, just the one that I'm in. There was an agreement between us that he would purchase home and provide upkeep of the home. He has done this. However, we have been married for 20 years. He makes three times as much as I do. Is it wrong for me to want to walk away with a home that's paid for."

You asked a legal question on a legal board - what is morally right/wrong was not your question.

You have received sound legal advice.

In this case what would u feel is deemed fair and equitable. The husband maintain a home and me forced to sell the one I'm in is not fair to me. I feel, which always gets me in trouble (feelings) that both homes should be appraised and the value of each split. If he doesn't agree then just let me keep what I have!

Adultery proves little, courts do not care that someone is sleeping with someone, it does not help with property division at all. It may help with child custody, but nothing else.

But no, wife can not get both homes, property willl be divided fairly evenly, if couple can reach agreement, it goes better,[/QUOTE]

"In this case what would u feel is deemed fair and equitable. The husband maintain a home and me forced to sell the one I'm in is not fair to me. I feel, which always gets me in trouble (feelings) that both homes should be appraised and the value of each split. If he doesn't agree then just let me keep what I have!"

I work in the legal system, and I truly have no opinion without a lot of other info - spousal support, child support (if awarded), health insurance, an equitable distribution of property based on time and money invested, all of those factors go into the final decision.

You need to find a GOOD Attorney, seek his/her advice and follow it. If your husband is making purchases, bringing a third party into the relationship, I'd make sure I had good legal advice now rather than later.

'Is the wife entitled to the marital property (family home)'
'I don't want both homes, just the one that I'm in.'
Contradictory, but let's go with the second. You are in the home that is worth more. Courts often give the wife more when a marriage has lasted 20 years.
You can't evict his girlfriend.
What you get out of the divorce will depend on how good your lawyer is vs how good his is. It will be better for both of you if you can come to some agreement, the way you did when you moved out. Some divorces easily run up legal fees in the $50,000 range.
A lot of the 'old days' of dragging adulterers through the mud are gone. Your pictures and witnesses of battery aren't worth much because they can be either fake pictures, or from another time, and the witnesses can be friends lying for you (please don't reply with more about that - it's the courts who don't care, not me). You didn't go to a hospital so there's no real 'record.'