Squatting Spouse

[Reiko]

What is the name of your state? Georgia
My home is deeded and mortgaged in my husband's name. We purchased the home while married. We have one child and another one due to arrive shortly. I have realized that the state of my marriage will not get any better. My husband will not leave our home, but states that I am free to go. What are my rights concerning our property, especially the home, if I leave him? He's said that he will not give up the house without a fight. So, are we forced to sell it?

 

[LdiJ]

What is the name of your state? Georgia
My home is deeded and mortgaged in my husband's name. We purchased the home while married. We have one child and another one due to arrive shortly. I have realized that the state of my marriage will not get any better. My husband will not leave our home, but states that I am free to go. What are my rights concerning our property, especially the home, if I leave him? He's said that he will not give up the house without a fight. So, are we forced to sell it?

Since the house was purchased during the marriage, you are entitled to a portion of the equity. However, because the house is in his name solely, I don't believe he can be forced to sell the home....nor do I believe that the judge can award the home to you.

However, I could be wrong on that....so you probably need to consult with an attorney. DO NOT move out without your children....unless or until a judge orders you to do so.

 

[BelizeBreeze]

What is the name of your state? Georgia
My home is deeded and mortgaged in my husband's name.

Then how can it be "MY" home?

We purchased the home while married.

O.K. marital property.

We have one child and another one due to arrive shortly.

Irrelevant to the issue at hand.

I have realized that the state of my marriage will not get any better.

o.k.

My husband will not leave our home, but states that I am free to go.

And that is correct.

What are my rights concerning our property, especially the home, if I leave him?

The same as if you stick around.

He's said that he will not give up the house without a fight. So, are we forced to sell it?

You haven't even answered the basic of questions yet or even FILED for divorce. So....

How long have you been married?
Did both of you pay for the home or was his salary, investments he brought into the marriage or other fund used to purchase the home?

Who is buried in Grant's Tomb?

 

[Reiko]

Thanks!
There is no way I'd EVER leave my children!

 

[Reiko]

Then how can it be "MY" home?

O.K. marital property.

Irrelevant to the issue at hand.

o.k.

And that is correct.

The same as if you stick around.

You haven't even answered the basic of questions yet or even FILED for divorce. So....

How long have you been married?
Did both of you pay for the home or was his salary, investments he brought into the marriage or other fund used to purchase the home?

Who is buried in Grant's Tomb?

Interesting...
I have been married just shy of three years. The house was purchased through money from both incomes. I paid $500 in "good faith" money when bidding on the home and $250 for the home inspection. My husband paid $400 for closing costs. He has NO INVESTMENTS and NO FUNDS. No I have not filed for divorce yet. I'm merely exercising my right to gain as much information as possible in order to make an informed decision.

Grant isn't in Grant's tomb? If not, he's probably pretty irked about where he is.