Help my sister! Please give me some advice!!

[Sister Sister]

What is the name of your state? NJ
My sister and her hubby have decided to divorce… “He” is threatening to have her name removed from the mortgage and have her and the 3 kids tossed out… she has been desperately looking for an apartment (as she has no desire to stay in the home) but she is unable to get approved for housing as she doesn’t qualify with her low income. I told her to stay put until he files for divorce and a judge orders the house be sold or split…

Two questions:
Can he have her name removed and force her out of the house (they haven’t even filed for divorce yet). He has been the main $ maker for the past 9 years so he insists the house is mainly his… ?? They purchased the home after they were married!

I strongly encouraged her to hire an attorney… she has talked with a few but all require a retainer… but since her husband controls the money, she has none to put toward a lawyer. Do lawyers ever work for a delayed payment? Meaning, once the house is sold and the profit split, she/he could take there fee from it?

Thanks for any advice you can give… I hope to be able to tell her something that will ease her mind.
Thanks!

 

[VeronicaGia]

Removing her from the mortgage is one thing, removing her from the title is quite another. He cannot remove her from the title without her signature.

 

[BelizeBreeze]

Tell sis to file for divorce, Child support, Alimony and the marital home then serve him during dinner with the summons.

 

[sddad]

Your sister's husband can threaten all he wants but it won't do him any good. He can't take her name off the mortage until she signs over either the quit claim or grant deed AND he refinances and take her name off. Of course she has to sign all the legal docs too. The mortage company won't do anything for him. He's just blowing hot air and just trying to scare her. With regards to the divorce, I don't know if there is a lawyer that will take on a case without a retainer fee. It might cost your sister money but I think getting one is the best investment she can have to protect her rights. She's entitled to at least 1/2 of the house. Moreover, she will get aliminony for sure because he has been the bread winner and of course all will depend how long they have been married. If the divorced isn't finalized by the 10th year he will have to pay alimony based on a "long term" marriage. Any marriages over ten years is considered long term. He will also have to pay for child support as well. She has a lot of rights so seek legal counsel fast.

Get a lawyer soon and have her rights protected. In the mean time, he can't do anything to her. She has rights to be in the house regardless of the circumstances unless she gives up that right to move out. If he threatens physical violence just call the police and file for domestic violence.

 

[Sister Sister]

Thanks SDDAD for your input...
one last question... do you think it will she hurt her case if she does move out into an apartment until the divorce if filed. She says she simply cann't live there anymore! She desperately needs to get out of the house (at least while the hubby is still there... he refuses to leave but is making her life miserable)...

Thanks again for your responce.

 

[LdiJ]

Thanks SDDAD for your input...
one last question... do you think it will she hurt her case if she does move out into an apartment until the divorce if filed. She says she simply cann't live there anymore! She desperately needs to get out of the house (at least while the hubby is still there... he refuses to leave but is making her life miserable)...

Thanks again for your responce.

I personally wouldn't recommend it.

 

[sddad]

I would ask that she talks to legal counsel on this matter as he might know all the loop holes. Remember these facts though. If and when she moves out until they are divorced the house's value will be calculated at near the time of the settlement. She will be entitled to the fair market value at that time AND not the time that she moved out. She is protected there. Technically speaking she owes 1/2 of the mortage but if he is making payment on the house on his own then he might be given WATTS credit. The attorney can elaborate on this matter. In addition, your sister should be getting child support credit as well regardless if she is divorced or not. A good attorney will give her all choices on what to do if she decides to move out or stay at the house. Believe me, your sister has a lot of rights and in a no fault state she will be protected regardless in one way or another. It doesn't happen until she gets an attorney and don't let her husband bully her into signing or doing anything without consent from the attorney.

Good luck.