Can he really do this?

[LisaLisa2004]

What is the name of your state? Texas

My husband and I have been married for three years. We both work and share one bank account along with all of the bills. We each have one child prior to this marriage. When we married, he had a home and I had a home. After I moved in to his house, we sold my house and deposited the profit into our bank account. Any time we argue, he tells me to leave "his" house - he believes he can lock me out any time he wants (he did this to his ex-wife) and if we divorce, the house is his, free and clear because it is "separate property". Does the court compensate a woman in this situation to help purchase a new home for herself and her child, due to the fact that a home was given up for the marriage? What can I do now to protect myself and my son?

Lisa

 

[cc423]

Before you deposited the money from your home into your joint account didn't you make sure your name was on the deed to "his" house?

 

[VeronicaGia]

What is the name of your state? Texas

My husband and I have been married for three years. We both work and share one bank account along with all of the bills. We each have one child prior to this marriage. When we married, he had a home and I had a home. After I moved in to his house, we sold my house and deposited the profit into our bank account. Any time we argue, he tells me to leave "his" house - he believes he can lock me out any time he wants (he did this to his ex-wife) and if we divorce, the house is his, free and clear because it is "separate property". Does the court compensate a woman in this situation to help purchase a new home for herself and her child, due to the fact that a home was given up for the marriage? What can I do now to protect myself and my son?

Lisa

This could be a problem. You may be entitled to any equity in the home since the marriage (3 years) but not much more. However, no one can tell you what a judge will decide.

And unless he gets a court order or legally evicts you, you still live there and can break in anytime. It is your legal residence.

Consult an attorney.

 

[LdiJ]

What is the name of your state? Texas

My husband and I have been married for three years. We both work and share one bank account along with all of the bills. We each have one child prior to this marriage. When we married, he had a home and I had a home. After I moved in to his house, we sold my house and deposited the profit into our bank account. Any time we argue, he tells me to leave "his" house - he believes he can lock me out any time he wants (he did this to his ex-wife) and if we divorce, the house is his, free and clear because it is "separate property". Does the court compensate a woman in this situation to help purchase a new home for herself and her child, due to the fact that a home was given up for the marriage? What can I do now to protect myself and my son?

Lisa

You should have kept the money from the sale of your home as "separate property" in an account in your own name. You would only be entitled to the equity that has accrued in his home during your marriage. That may not be much depending on what stage he is in, in the mortgage.

 

[LisaLisa2004]

No, my name is not on the deed. He has owned the home since 1995. Sounds like I should have done my homework instead of being love-struck and trusting that it would all work out. Thanks for your replies!

 

[Honey1955]

Have the two of you borrowed any money using the house as collateral? In some states, it is considered joint property if you borrowed money, as they consider it a co-mingled asset. I lost 65 acres of inheirited property this way.
In the mean time you need to start stashing away some "run" money every week.

 

[LisaLisa2004]

No, we haven't borrowed any money, but I am working on the second part! Thank you.