Marital Property

[Cathie123]

What is the name of your state? NJ
My husband and I married two years ago, and purchased a home soon after. Since my husband has lousy credit, the deed and mortgage was placed in my name. Approximately 1 yr ago,
we re-fied the original mortgage (again, all in my name). I am now looking into the possibility of getting divorced (husband has drinking and drug addictions). My questions are these:
1) Is the house legally mine even though the majority of the original funding came from my husband? Or will I be forced to sell the property.
2) Can I remain in the home with our 9 month old child and ask him to leave?
3) I am the only full-time employed partner. He does not work due to laziness and drug and alcohol problems. If he agrees to leave, will he be forced to pay alimony to assist with our daughters daycare and general needs?

Thank you for your assistance.

 

[elsieb]

I'll pass on the same advice my lawyer gave me; i too originally purchased a house, in my name only w/o any monies from the husb; we were already married 10yrs and I didnt allow him to put his name on anything! he did fight me every step; i was able to prove during the divorce that I purchased every single nail that went into the house (saved every single receipt including the hammer & nail receipts); lawyer advised to have every single utility bill under my name (cable, tele, heat, water, etc). maintain good records and proof that you are paying for everything includ. childcare/school/cars/etc; if you dont have good records, get them! it will all depend on # of your married years; if you have any medical records proving his addictions, you will need those in supreme court for yourself as well as custody and visitation issues; in the end, i gained 100% equity of my home and custody of my children; but bear in mind my records were to the point; my husb had addiction problems as well, and I of course had those records to prove it; including his own credit card receipts; if i can be of any more help.

 

[dyinginside]

to the op, as far as i know you have to be married at least 10years to recieve alimony. if im wrong be sure someone will correct me.

 

[Cathie123]

Thank you both for your replies. I did s/w a lawyer who advised that since the home is a "Marital Residence" and both were living there, then it would not be a consideration as to who's name is on the deed, it would be divided equally. As far as child support, He would be responsible for child support whether he has a job or not. The courts will place him on a work program. I was also advised by this particular lawyer that I have no way of getting him out of the home unless he agrees to leave or there was physical violence (he's usually too spaced out to get that physically active). So, with any luck, he will agree to leave and I may get on with my life! If anyone has any other advice, I will take everything under advisement. Thanks.