Everything is in his fathers name.. Options?

[Roydub]

What is the name of your state (only U.S. law)? MI

I am starting divorce proceedings against my husband of 2 years, 1 year of which we have been separated.

My main question is about property... The house and car are in his fathers name and whenever he gets mad (like me starting divorce proceedings) he threatens to kick me and our daughter out.. He moved out when we separated..

There is also a lot of other stuff here, like a riding lawn mower, a snow blower, a LOT of tools and other misc items.. This will be his 5th divorce so I am sure he knows exactly what he is doing.. He is asking me for some stuff that I have of his in the basement (snowboard and other misc items), I plan on giving him these just to try and keep him happy.. Will it hurt me at all if I allow him to get his stuff?

Do I have any options as far as the house goes? I can get a new car but I am worried that we can be kicked out of the house at any time..

Thank you for your help

 

[LdiJ]

What is the name of your state (only U.S. law)? MI

I am starting divorce proceedings against my husband of 2 years, 1 year of which we have been separated.

My main question is about property... The house and car are in his fathers name and whenever he gets mad (like me starting divorce proceedings) he threatens to kick me and our daughter out.. He moved out when we separated..

There is also a lot of other stuff here, like a riding lawn mower, a snow blower, a LOT of tools and other misc items.. This will be his 5th divorce so I am sure he knows exactly what he is doing.. He is asking me for some stuff that I have of his in the basement (snowboard and other misc items), I plan on giving him these just to try and keep him happy.. Will it hurt me at all if I allow him to get his stuff?

Do I have any options as far as the house goes? I can get a new car but I am worried that we can be kicked out of the house at any time..

Thank you for your help

The house is the marital home and he cannot kick you out of it until or unless a judge awards him possession of the marital home in the divorce proceedings. Obviously you are not going to be able to keep the home, since its not marital property, so you really do need to be planning on finding a place of your own, sooner rather than later.

 

[Zigner]

I disagree with LdiJ in that your landlord (your father in law) can terminate your residency following the appropriate procedures. You cannot be kicked out overnight, but you can be forced out in much less time than a divorce takes.

 

[Eekamouse]

Are you working? Did you pay for any of the items in the house?

 

[Roydub]

Are you working? Did you pay for any of the items in the house?

I work 2 jobs.. I just graduated from nursing school... I pay for everything (including a Harley Davidson I put in my name because his credit wasn't good enough)

 

[sandyclaus]

I work 2 jobs.. I just graduated from nursing school... I pay for everything (including a Harley Davidson I put in my name because his credit wasn't good enough)

Well, THAT explains why nothing is in your husband's name. Along the way, he's found other women who are willing to foot the bill and pay his way. along with his own father, so that nothing ends up sticking to him. Of course, there's the convenience that having everything in someone else's name presents when it comes to claiming ownership - such as in a divorce or debt collection suit.

The good news is that if that Harley is in your name, both on finance contract and in title, then you can probably leave the marriage with THAT. As for getting your hands on any of "his" property in the divorce settlement, you know that's not going to happen. But as far as the house is concerned, both you the husband are merely occupants of a house that belongs to someone else. His dad can exercise his right to evict you if he chooses, but your husband cannot.

I'd nip his control in the bud and just find yourself another place sooner rather than later. Make sure that your husband isn't jointly listed on any bank accounts - and if he is, then open your own. It sucks that you and your daughter are going to have to find a new place to live, but you can't really say that was unexpected, given your husband's affinity for leaving his name off of anything he's associated with.

 

[Roydub]

I was going to buy a new car this weekend.. Do I have to worry about loosing that or can he do anything to me? I can wait if I have to but would rather not

 

[Ohiogal]

I was going to buy a new car this weekend.. Do I have to worry about loosing that or can he do anything to me? I can wait if I have to but would rather not

Wait. Because it would be marital property. If you are still living together how have you been separated from him?

 

[Roydub]

we dont live together.. havent for over a year

 

[justalayman]

My main question is about property... The house and car are in his fathers name and whenever he gets mad (like me starting divorce proceedings) he threatens to kick me and our daughter out.. He moved out when we separated..

while he can't kick you out, father in law can terminate your tenancy and evict you if needed. Even though husband can't kick you out, I am sure he has dad's ear.

There is also a lot of other stuff here, like a riding lawn mower, a snow blower, a LOT of tools and other misc items.. This will be his 5th divorce so I am sure he knows exactly what he is doing.. He is asking me for some stuff that I have of his in the basement (snowboard and other misc items), I plan on giving him these just to try and keep him happy.. Will it hurt me at all if I allow him to get his stuff?

there is no reason to not allow him to take anything that is his. In fact, unless you have a claim to them, it could be illegal. Just make a list of what you allow him to take.

Do I have any options as far as the house goes?

continue to pay rent as long as your landlord allows the tenancy to continue if that is what you choose to do.

I can get a new car but I am worried that we can be kicked out of the house at any time..

Your tenancy can be terminated just as with any other tenant in the state of Michigan. About 1 months notice (haven't checked for specifics) and either you have moved or he gets a court to order you out.

if you have a fixed term lease (which I am seriously doubting is there but just in case), landlord could not terminate the lease without cause and if you disagree, he would have to sue to recover possession of the premises.

 

[Roydub]

thank you all very much for your help and advice