Help! He has filed an order to have me removed from my house.

[Ru4eel1]

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

My husband and I have been married for 1 1/2 yrs. When we married we bought a house. He had nothing and I brought into the marriage, furniture, dishes, appliances, towels, etc. EVERYTHING. He was arrested for domestic assault on December 21 and a temporary emergency protection order was issued until February 22. Now he has filed for a temporary order to have me removed from the house with nothing until the divorce is final. What are the chances he can win that order? What should I do??? I talked to an attorney, but she was asking me what I want to do? Heck if I know? I'm not an attorney!

[Ohiogal]

Originally Posted by Ru4eel1

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

My husband and I have been married for 1 1/2 yrs. When we married we bought a house. He had nothing and I brought into the marriage, furniture, dishes, appliances, towels, etc. EVERYTHING. He was arrested for domestic assault on December 21 and a temporary emergency protection order was issued until February 22. Now he has filed for a temporary order to have me removed from the house with nothing until the divorce is final. What are the chances he can win that order? What should I do??? I talked to an attorney, but she was asking me what I want to do? Heck if I know? I'm not an attorney!

You should know what you want. What is it you want. Do you want to keep living in the house? Can you afford to keep living in the house and paying all the bills? The attorney wasn't asking you about the law -- she was asking what YOU were expecting and wanted. If you don't know that then no attorney can help you. And no one can tell you what to do.

It is possible that he can win the order he has requested. It is also possible that he could be awarded temporary spousal support for a few months as well as the use of the BMW -- understand? We don't know enough about your situation. Do you even own a BMW? Do either of you have another place to live? Whose name is the house in? Who is working? Who has jobs? All this information matters immensely.

[LdiJ]

Originally Posted by Ru4eel1

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

My husband and I have been married for 1 1/2 yrs. When we married we bought a house. He had nothing and I brought into the marriage, furniture, dishes, appliances, towels, etc. EVERYTHING. He was arrested for domestic assault on December 21 and a temporary emergency protection order was issued until February 22. Now he has filed for a temporary order to have me removed from the house with nothing until the divorce is final. What are the chances he can win that order? What should I do??? I talked to an attorney, but she was asking me what I want to do? Heck if I know? I'm not an attorney!

Well, you can counter sue for an order for YOU to remain in the house. However, at a minimum I would get my personal possessions (clothing, jewerly, anything of sentimental value) out of the house ASAP....just in case....particularly if you cannot pay the mortgage on your own, and he can.

[Ru4eel1]

He is presently living with his mother, who also has an empty house where he can live. We are both presently employed and can maintain the house. The mortgage is in his name, however, the deed is in both of our names. I paid the fees for us to get into the house and have paid half the mortgage. We do not own a BMW. He bought a motorcycle, a car and 2500.00 worth of guns since we were married. Those are the community property assets. I am more than willing to give him all of those things to be allowed the house. Actually, at this time I'm not sure if there is any equity due to the short time we have been in the house.

[LdiJ]

Originally Posted by Ru4eel1

He is presently living with his mother, who also has an empty house where he can live. We are both presently employed and can maintain the house. The mortgage is in his name, however, the deed is in both of our names. I paid the fees for us to get into the house and have paid half the mortgage. We do not own a BMW. He bought a motorcycle, a car and 2500.00 worth of guns since we were married. Those are the community property assets. I am more than willing to give him all of those things to be allowed the house. Actually, at this time I'm not sure if there is any equity due to the short time we have been in the house.

You would have to be able to refinance the house into your own name, which may be difficult if there is no equity.

In any case, counter sue for sole possession of the marital home until the divorce is final and something is decided about the house. Include in the paperwork a list of the items in the home that were your property prior to the marriage, and therefore remain your separate property. If by any chance the judge awards the house to him, then ask the judge for it not to take effect for a week so that you can remove your separate property.

[Ronin]

Given the mortgage is in his name only, as a practical matter it might be best to walk away from the house. Add in the the very short duration of your marriage, no children in the picture, and all else being equal, the court may well be inclined to let him have the house.

Assuming you do get the house, you would be burdened with trying to refinance a home with little to no equity, paying the refi costs and down payment, and doubling your mortgage payments. These days you can probably do better shopping the real estate market.

I would guess the only real community property asset you mentioned so far that has any value are the guns, and when pared down to resale value divided by two doesn't leave much. Most folks with new cars or motorcycles are upside down on their equity the first few years.

[TinkerBelleLuvr]

I would "record" everything that is in the house with the use of a camcorder. Make sure you state your name, date and descriptions of items as you are walking thru the house. In order to show that the camcorder wasn't done way in the past, make sure that you record a LIVE show, such as the news on your walk thru the house. It will make it easier to document everything you have if you can "see" it.