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    minkymoo's Avatar
    minkymoo Posts: 2, Reputation: 1
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    #1

    Sep 16, 2013, 03:07 AM
    Am I entitled to any share of the house if I'm not on the mortgage we are married
    Am I entitled to a percentage of the house even if I'm not on the mortgage/deeds?
    We have been married for 2 years and lived together for 3 years.. I have 2 children from a previous relationship, we separated 3 months ago and now he's filing for divorce and says he wants me and my kids out of his house.. what exactly are my rights and do I have a right to get a percentage of the house or the equity?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 16, 2013, 03:21 AM
    ANY question on law needs to include your general locale as laws vary by area.

    What matters is whether you are on the deed, not the mortgage. Whether you are entitled to a share depends on local laws. Was the house bought after the marriage?

    But he can't force you out of the marital home until a divorce court says so. He may get the house as part of the divorce, but you can't be forced out until then.
    minkymoo's Avatar
    minkymoo Posts: 2, Reputation: 1
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    #3

    Sep 16, 2013, 03:38 AM
    Hi.. no he bought the house several years before we met.. I lived elsewhere and then moved in with him.. Im doing everything I can to find elsewhere to live but so far not been successful.. we tried mediation but just kept repeating himself saying its my house and I want them out.. he's threatened me with eviction notices and even said he's going to get the locks changed so me or my kids can't get back in..
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 16, 2013, 03:42 AM
    Depends on the law of your jurisdiction, but generally speaking an equtable division of marital assets would normally require that you be credited with some portion of the increase in equity of the house for the time you were married. Since this period was two years, it probably would not be that substantual, so it is likely that you will be given a payment or credit, rather than requiring that the house be sold and that you get a cut of the proceeds.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    Sep 16, 2013, 04:19 AM
    Did you read the response that he can't evict his spouse, or change the locks, until the divorce decree says he can?

    And you have been asked what state is this, if the US?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 16, 2013, 04:40 AM
    Quote Originally Posted by minkymoo View Post
    Hi.. no he bought the house several years before we met.. I lived elsewhere and then moved in with him.. Im doing everything I can to find elsewhere to live but so far not been successful.. we tried mediation but just kept repeating himself saying its my house and I want them out.. hes threatened me with eviction notices and even said hes going to get the locks changed so me or my kids can't get back in..
    He can threaten all he wants. If he changes the locks, you call the police, show them this is your address and he will have to let you in. It will also look bad for him in the divorce action. So make sure you always carry proof that this is your home with you.

    If he tries to take this to housing court to get an eviction, you simply show the court that you are currently involved in a divorce action and the eviction case will be dropped pending the results of the divorce.

    Tell him he better learn the law before he gets himself in trouble.
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