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He refuses to move out of house

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opiwils

Junior Member
undefinedWhat is the name of your state?INDIANA
I have been married for 13 years and am about ready to seek either a legal seperation or divorce. We have 2 children, 7 & 10 yrs old. The failure of the marriage was caused by financial, medical and other issues, however neither one of us is involved with another person. He has told me he will not leave the house we own together unless legally told to do so. We have jointly owned the house for over 10 years. I am professionally employed, as is he. What are my rights to stay in the house vs. him?
 


nextwife

Senior Member
You and he have the same rights to stay in the house until a judge says otherwise. He may also not wish to leave the kids and move away from them, anymore than do you.
 

opiwils

Junior Member
He refuses to move out of the house

State: Indiana
Based on your response, thank you for that, it appears that a judge will have to decide who stays vs. moves out. On what basis will the judge make that decision? I'm the mother, financially make 2x the amount he does, and can pay the mortgage without him if necessary. I'm totally confused right now, I am seeking legal advice but the lawyer I was referred to is gone until after the first of the year.
 

nextwife

Senior Member
Whomever remains will likely need to buy the other's equity out - and get their name off the mortgage by refinancing the debt. The ability to do that may be one factor. Whomever gets child custody may also be more likely to stay, as the kids would have fewer transitions to go through.

You and he will split marital debts and marital assets.

If you make 2X what he does, it is possible you may end up paying some alimony, as you have been married 13 years.
 

opiwils

Junior Member
He refuses to move out of the house

I understand that in my state (IN) we will be required to divide marital assets and I do realize if I were to claim the "prize" of staying in the home I would need to refinance to pay him his equity. Honestly, at least right now, I see a joint custody situation for the children. They are in private school, which we both would want to maintain. There is also approx. $20k in unsecured debt which, due to my cash flow, I am paying the majority. With all that said, I can't do all the above on my own. His salary does contribute to the current budget, but since I make more would I be stuck with all the unsecured debt or would that be divided up like the assets? Nothing fair in love and war I know, but to lose half my 401k and then face the possibility of paying HIM alimony?? This is exactly part of the reason for divorcing him! He, by the way, has $0 for a 401k...real nice for me.
 

nextwife

Senior Member
Marital assets doesn't necessarilly mean 50% of everything. It's 50% of what was acquired DURING the marriage. So, for example, if your 401K had 50% of it's current assets already on deposit when you married, then that portion of the account would not be a marital asset. Debts are shared as well as assets
 

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