What are my rights if I bought our house before we got married? - Divorce Law Questions and Answers- LawQA.com

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What are my rights if I bought our house before we got married?

I ask my husband to move out but he said that I can't put him out.

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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No, you cannot put him out because you owned it before marriage. The house is the marital residence, and you both have a right to be there until a court says otherwise. To get him out, you will have to file a motion with the court for exclusive use.

Answer Applies to: Ohio
Replied: 8/30/2012

Answer By Melvin Franke

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Hire an experienced divorce attorney to get an order pendente lite (PDL) to get him out of the house. You have converted it to marital property.

Answer Applies to: Missouri
Replied: 8/29/2012

Answer By Dean Esposito

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You can file a motion with the court and request that you get sole use of it since it is your separate property.

Answer Applies to: Louisiana
Replied: 8/29/2012

Answer By Frances Headley

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If you have the ability to keep the house you should seek an order of the court granting you the exclusive temporary use of the home while the action is pending. You should consult a family law attorney or facilitator to help you with the paperwork.

Answer Applies to: California
Replied: 8/29/2012

Answer By Dennis P. Mikko

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If the home has remained solely in your name during the marriage, you have a good argument that it should be awarded to you in a property settlement. However, it appears that it is the marital home and to remove your husband you most likely will need to obtain a court order for your exclusive use of the marital home. Such a motion can be filed on an ex parte basis at the time you file a complaint for divorce.

Answer Applies to: Michigan
Replied: 8/29/2012

Rebecca Rainwater
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If the house is your separate property you can ask the court to give you exclusive use and possession of the home and order him out. If the community paid any mortgage payments or repairs or improvements your spouse can seek those monies be given back to the community and he would be entitled to a reimbursement. Also any appreciation during the marriage belongs to the community. You should consult with a family law attorney to discuss.

Answer Applies to: California
Replied: 8/28/2012

Answer By Steven Alpers

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That should be separate property, but you would have to allege domestic violence to get an immediate to kick him out ay this time.

Answer Applies to: California
Replied: 8/28/2012

Answer By William Spern

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If it is your house, you should be able to get a PPO or a restraining order barring him from access to the home.

Answer Applies to: Michigan
Replied: 8/28/2012

Answer By Victor Varga

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The home could be considered at least partially marital property, so a basic landlord/tenant relationship does not exist. You need to file for divorce and ask for either a Limited Divorce with use and possession, or an absolute divorce with the same thing.

Answer Applies to: Maryland
Replied: 8/28/2012

Answer By GEORGE N. SEIDE
ADELMAN & SEIDE, LLP
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If you file for divorce, you can ask for a kick out order. Not knowing how long you have been married is a problem. You are entitled to, at worst, your down payment and or the equity existing at the date of marriage. Afterwards if community income reduced the principle balance on the mortgage the community earns a very small percentage of ownership, of which you own half.

Answer Applies to: California
Replied: 8/28/2012

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