[Pat570]

I have been married for 17+ years and my significant other (who seeing another guy) wants to move on with her life but, I live in my house as a guest as she says because she is paying the rent and the bills. I have been out of work since July 2012 and can't seem to get anyone to give me a chance again. We have 2 kids 16 and 13. She has given me a ultimatum an kicking me out in October. Can she really do this? The place we all live in is under name. I have nowhere to go. No job. No money. She is going to make me homeless. God, help me. Any advice would be helpful or this 43 old man from Billings, MT is going to have to live in the streets. Thanks.

[Jake2008]

I assume that up until July of 2012, you were a contributor to the running of the household, with all associated expenses.

Please seek legal guidance on what you are entitled to, and what you aren't.

I realize that you have had difficulty finding work, but have to wonder in the past year, at age 43, what have you tried, or where have you tried to get work. By the sound of things, your wife has already moved on with another man, and obviously can't evict you without some sort of division of property between the two of you.

Have you dug your heels in, hoping things will change? Is there any separation agreement in place? Child support? How did it come about that after 16+ years, you are suddenly a 'guest' in your own home.

How are your teenage children coping with all of this? Is there a lot of fighting between you and your wife? Do you agree on anything together for the sake of the children's future and well being?

Do you and your wife have some sort of agreement, or understanding in any way, shape or form? Does it have anything to do with you being unemployed? Are you disabled? Is there a substance problem?

Please provide more detail as to how you ended up in this place, without getting legal advice, a separation agreement, and some basic plans for yourself to move out of the home and find housing, employment, and housing.

There are just too many questions that need answered here.

[ScottGem]

This is a legal question so has been moved to the appropriate forum.

The answer to your question is maybe. Neither spouse can just kick the other spouse out of the marital home. Even if the home is only in one spouse's name. As long as you can prove that this is the marital home, you can stay there until a court tells you to move.

To get a court to tell you to move she will have to file for divorce. Since you are not working, you may be able to get spousal support from her if she wins a divorce.

Nor can she evict you from the marital home, even if your name is not on the deed (something that isn't clear). If she tries to go through the eviction process, the Housing court will bump it back to Family Court.

And, if your name is on the title, there is no way to get you out unless, she wins the house in a divorce action.

[Pat570]

I assume that up until July of 2012, you were a contributor to the running of the household, with all associated expenses.

Please seek legal guidance on what you are entitled to, and what you aren't.

I realize that you have had difficulty finding work, but have to wonder in the past year, at age 43, what have you tried, or where have you tried to get work. By the sound of things, your wife has already moved on with another man, and obviously can't evict you without some sort of division of property between the two of you.

Have you dug your heels in, hoping things will change? Is there any separation agreement in place? Child support? How did it come about that after 16+ years, you are suddenly a 'guest' in your own home.

How are your teenage children coping with all of this? Is there a lot of fighting between you and your wife? Do you agree on anything together for the sake of the children's future and well being?

Do you and your wife have some sort of agreement, or understanding in any way, shape or form? Does it have anything to do with you being unemployed? Are you disabled? Is there a substance problem?

Please provide more detail as to how you ended up in this place, without getting legal advice, a separation agreement, and some basic plans for yourself to move out of the home and find housing, employment, and housing.

There are just too many questions that need answered here.

Yes, I was till I got laid off from my job. We were doing well till then. Then everything went sour. I didn't love her anymore when she told me she was falling in love with another man. So I got mad and I told I want you out. But, it was I who left in April 2013 to go to California and live with a close friend and try to get a job out there. Then in August 2013. She calls me and says the kids want me to come home and I was able to come home for them. On August 3rd , 2013 I came home back to my shack in Billings where I live. She told me you can stay till you get a job. But now, she is saying to me I have 1 month and then I am out. Why is she doing this to me?

No I have not thought things will change. No separation agreement is in place. No child Support. I was very successful before and she was happy. But, I can't provide the things we once had so she gave up and so did I.

The kids are torn.

Yes.

Yes we do to a point. But, I want to be here for the kids. She doesn't care no more about me so I am a guest.

No. We have nothing in any form.

Yes. It is one thing but, I think I gave up on her when she told me about the other guy.

No. I am not disabled. But I do have chronic gout once in awhile..

No. I never took any drugs or drinking ever.

I hope this is more clearer.

[Pat570]

This is a legal question so has been moved to the appropriate forum.

The answer to your question is maybe. Neither spouse can just kick the other spouse out of the marital home. Even if the home is only in one spouse's name. As long as you can prove that this is the marital home, you can stay there until a court tells you to move.

To get a court to tell you to move she will have to file for divorce. Since you are not working, you may be able to get spousal support from her if she wins a divorce.

Nor can she evict you from the marital home, even if your name is not on the deed (something that isn't clear). If she tries to go through the eviction process, the Housing court will bump it back to Family Court.

And, if your name is on the title, there is no way to get you out unless, she wins the house in a divorce action.

We rent not own. Thanks though.

[ScottGem]

We rent not own. Thanks though.

Doesn't matter. However, given the timeline, its possible this might not be considered the marital home. So an eviction might be possible.

[Jake2008]

Pat, please go and see a lawyer, and find out exactly what can be done, and what you need to do.

Your post has been moved here, to the legal forum, because legal help is what you need. I think when you do see a lawyer, you will feel much better; at least you will know which end is up.

I am sorry you are going through this, but if it is any comfort, many have found themselves in the same, or worse position. The floundering without the right information won't get you anywhere.

All the best of luck, I hope you'll post with your progress.