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april8493 · May 15, 2013, 05:16 PM

Been married for a year. I moved into my husbands house which is actually in his ex-wife's name still. He is trying to refinance the loan to put in his name but is having trouble doing so but he told be he got the deed in his name. He is telling me to move. Also my car broke down so the only cars working are his so my name isn't on anything. He also made me sign papers before we got married that I wasn't entitled to anything unless he past away. I have two kids and he has one but we have none together. Do I have any rights what so ever? Can he make me move and leave me without transportation to work and for my kids?

joypulv · May 15, 2013, 05:22 PM

Assuming this is the US - no he cannot make you leave the house. Cars in his name are another matter.
But could you clear up whose name the house really is in? First you say his ex's, then his.
Have you actually seen the deed?
A spouse cannot kick out or even evict a spouse, but if someone else is the owner of the house, that person can go to court for a formal eviction, after giving formal written notice according to the law of the state you are in.
If you get to the divorce stage, that will determine who if anyone gets the house, the cars, and so on, or if it's all sold and money divided up.

april8493 · May 15, 2013, 05:26 PM

Originally Posted by joypulv

Assuming this is the US - no he cannot.
But could you clear up whose name the house really is in? First you say his ex's, then his.
Have you actually seen the deed?
A spouse cannot kick out or even evict a spouse, but if someone else is the owner of the house, that person can go to court for a formal eviction, after giving formal written notice according to the law of the state you are in.

Sorry the mortgage loan is in his ex wife's name and no I haven't seen the deed to the house he claims to have. He hides a lot of stuff from me. I live in North Carolina. He just tells me he can have me kicked out.

april8493 · May 15, 2013, 05:31 PM

Originally Posted by april8493

Sorry the mortgage loan is in his ex wife's name and no I haven't seen the deed to the house he claims to have. He hides a lot of stuff from me. I live in North Carolina. He just tells me he can have me kicked out.

He said I would get nothing because I signed those papers saying I wouldn't get anything of his that he had before we got married. House, money or cars. Nothing.

joypulv · May 15, 2013, 05:44 PM

Worry about what you signed when the divorce is final. Nothing can happen until then.
Whose name the mortgage is in is not relevant.
You need to see the DEED, which you can do by going to the town hall.
Regardless, no one can just 'kick you out.'
Get yourself calm and together, gather important papers and small valuables, get cash out of the bank if you can (for a lawyer retainer), and prepare for battle.

april8493 · May 15, 2013, 05:49 PM

Originally Posted by joypulv

Worry about what you signed when the divorce is final. Nothing can happen until then.
Whose name the mortgage is in is not relevant.
You need to see the DEED, which you can do by going to the town hall.
Regardless, no one can just 'kick you out.'
Get your self calm and together, gather important papers and small valuables, get cash out of the bank if you can (for a lawyer retainer), and prepare for battle.

Thank you