divorce and homeownership

[nikkilynt33]

What is the name of your state (only U.S. law)? MO
I'm doing some research on my brother's behalf so he knows what his rights are....

He and his wife lived together 20 years unmarried, they finally just got married this past July. right before Christmas he finds out his wife is having an affair with the NEIGHBOR'S WIFE. They tried for a few weeks to work it out, but the GF (neighbor's wife) runs into my bro at Walmart, waits for him in the parking lot to start a shouting match, then haves him served with a temporary restraining order. GF calls my SIL, gives a big sob story that my brother tried to mow her down in the parking lot and SIL picks up the next morning and moves in with the GF, she's been there ever since. My brother has stayed in the house they shared. This was end of January.

The restraining order was not granted, as the judge found there were NO grounds. my SIL recently announces she's moving back into their home on April 1st and says he has to go. My brother is NOT on the mortgage but he IS on the deed of the house. He is afraid that his wife will force him out of the house, or try to get a restraining order against him to have him thrown out.

Can this be done? What are his rights? Does he have any say about the GF being in the house or on the property?

 

[Ohiogal]

If he is on the deed, he owns the house. If she is on the deed, she also owns the house. Without a court order neither have to go anywhere. What he needs to do is file for divorce and ask for sole possession of the marital residence. He needs to be prepared to buy her out for her portion of the equity and refinance into his name if he plans to keep the home.

 

[mistoffolees]

If he is on the deed, he owns the house. If she is on the deed, she also owns the house. Without a court order neither have to go anywhere. What he needs to do is file for divorce and ask for sole possession of the marital residence. He needs to be prepared to buy her out for her portion of the equity and refinance into his name if he plans to keep the home.

Just to make sure it's clear to OP - it doesn't matter who is on the deed. Neither one can be forced to leave until the court orders it. It's the marital home.

 

[LdiJ]

Just to make sure it's clear to OP - it doesn't matter who is on the deed. Neither one can be forced to leave until the court orders it. It's the marital home.

And to reinforce another point, if he cannot refinance the loan into his own name, and for enough to buy out his share of the equity, then he won't end up keeping the home unless he can bring some significant money to closing.

And, if by any chance there is no equity, or very minimal equity, then he should not WANT to keep the home. He should be happy to walk away and leave her solely responsible for the mortgage. In that instance he should count himself lucky that he is NOT on the mortgage.

 

[nikkilynt33]

additional info

meant to mention....

mortgage is included with his wife's Ch 13 BK...he is NOT included in the BK. He realizes he can't afford the house on his own, but he was wanting to know what his rights were to buy time to find himself other arrangements. And he wants to know if she can move the GF in while he is living there.

 

[LdiJ]

meant to mention....

mortgage is included with his wife's Ch 13 BK...he is NOT included in the BK. He realizes he can't afford the house on his own, but he was wanting to know what his rights were to buy time to find himself other arrangements. And he wants to know if she can move the GF in while he is living there.

Absent court orders giving him temporary possession of the marital residence the wife has every right to move back into the home, and most likely the right to have any guest she wants in the home.

However, he absolutely does not have to leave either. I am not sure however, that I would want to stay in that scenario.

I would be really tempted to simply not pay any bills connected with the home and use the resulting savings to get myself and my stuff out by April 1st. The GF has already tried to get a false restraining order against him once, I would not allow myself to be put in a position where I might be at risk.

 

[mistoffolees]

meant to mention....

mortgage is included with his wife's Ch 13 BK...he is NOT included in the BK. He realizes he can't afford the house on his own, but he was wanting to know what his rights were to buy time to find himself other arrangements. And he wants to know if she can move the GF in while he is living there.

Unfortunately, she can have any guests she wants to. It's tacky, but not illegal.

As for time, bankruptcies take time, so he won't have to leave tomorrow, but he's probably better off if he starts looking right now - especially since she wants to bring GF there.