House in my name

[mouse]

What is the name of your state? Texas
I have been married about 1 1/2 yrs and my husband and I are separating. Before we got married I bought a house that we have both lived in since before we got married. He said he wont leave because the house is just as much his as it is mine since he has paid for 1/2 the mortgage payments since we have lived there. Is there any validity to his statement? Do I have the "right" to make him leave since the house is in my name?

[LdiJ]

Originally Posted by mouse

What is the name of your state? Texas
I have been married about 1 1/2 yrs and my husband and I are separating. Before we got married I bought a house that we have both lived in since before we got married. He said he wont leave because the house is just as much his as it is mine since he has paid for 1/2 the mortgage payments since we have lived there. Is there any validity to his statement? Do I have the "right" to make him leave since the house is in my name?

Texas is a community property state.....plus, its the marital home. Therefore he has every right to remain there until a judge tells him he must leave. He will also be entitled to 1/2 of the equity that accrued during the marriage....so plan to have to refinance to give him his share, unless it can be exchanged for another community property asset.

However, in the end you should be able to keep the home as long as you can buy him out.

[Bali Hai]

Originally Posted by LdiJ

Texas is a community property state.....plus, its the marital home. Therefore he has every right to remain there until a judge tells him he must leave. He will also be entitled to 1/2 of the equity that accrued during the marriage....so plan to have to refinance to give him his share, unless it can be exchanged for another community property asset.

However, in the end you should be able to keep the home as long as you can buy him out.

Such as what??

She made him peanut butter sandwiches when he went to work to pay the mortgage and then went back to bed until the soaps came on TV?

[LdiJ]

Originally Posted by Bali Hai

Such as what??

She made him peanut butter sandwiches when he went to work to pay the mortgage and then went back to bed until the soaps came on TV?

Where within the following statement:

Before we got married I bought a house that we have both lived in since before we got married. He said he wont leave because the house is just as much his as it is mine since he has paid for 1/2 the mortgage payments since we have lived there.

do you have basis for your thoughts? She qualified to purchase the home, without his assistance, prior to the marriage, and he has been paying 1/2 of the mortgage payments since he started living there. Clearly she is gainfully employed.

If the genders had been reversed you would not have dreamed of making that statement. Yet, I would have given the same response. At least make sure that you READ what you are responding to before you express your opinion.

[Bali Hai]

Originally Posted by LdiJ

Where within the following statement:



do you have basis for your thoughts? She qualified to purchase the home, without his assistance, prior to the marriage, and he has been paying 1/2 of the mortgage payments since he started living there. Clearly she is gainfully employed.

If the genders had been reversed you would not have dreamed of making that statement. Yet, I would have given the same response. At least make sure that you READ what you are responding to before you express your opinion.

You assume she qualified to purchase the home. I assume she did not.

You assume she is gainfully employed. I assume she is not.

The only thing I do not assume is that the house is in her name. She stated that and I believe her.

I will try to do better in the future mom.

[LdiJ]

Originally Posted by Bali Hai

You assume she qualified to purchase the home. I assume she did not.

You assume she is gainfully employed. I assume she is not.

The only thing I do not assume is that the house is in her name. She stated that and I believe her.

I will try to do better in the future mom.

I see....LOL....so you assume that 1/2 of the mortgage is NOT being paid, and that someone can have a house in their name only, without qualifying for a mortgage.

[mouse]

Ok, let me clear up the confusion. I qualified for the house on my own. I am gainfully employed, so I have my own income. I bought the house in my name only because we were not married at the time. I really dont care about having to give him 1/2 the equity, my initial problem is getting him out of the house now.

[acmb05]

Originally Posted by mouse

Ok, let me clear up the confusion. I qualified for the house on my own. I am gainfully employed, so I have my own income. I bought the house in my name only because we were not married at the time. I really dont care about having to give him 1/2 the equity, my initial problem is getting him out of the house now.

Which you can't do because you are married.

[LdiJ]

File for divorce and ask the judge to order him to be the one to leave the home, asap.