Husband is evicting me from our house

[Deetle]

What is the name of your state? Michigan

My husband decided that he wants out of our house because we both want a divorce. The house is in my Mom's name and my husbands name but the mortgae payment was sent in my name (western union). He will not pay the mortgage and plans to live in the house until forclosure is complete (6 - 9 months).

My question: Does he have the right to evict me from the home with 72 hours notice? I believe that I should be allowed to live in the house. I would leave but I have really limited funds and 2 pitbulls that most apts. will not allow.

Thanks!What is the name of your state?

[LdiJ]

Originally Posted by Deetle

What is the name of your state? Michigan

My husband decided that he wants out of our house because we both want a divorce. The house is in my Mom's name and my husbands name but the mortgae payment was sent in my name (western union). He will not pay the mortgage and plans to live in the house until forclosure is complete (6 - 9 months).

My question: Does he have the right to evict me from the home with 72 hours notice? I believe that I should be allowed to live in the house. I would leave but I have really limited funds and 2 pitbulls that most apts. will not allow.

Thanks!What is the name of your state?

No, he does not have the right to evict you from the home...only the court can do that.

[penny4u]

I know a little about the mortgage business so how is it that the house is in your husbands and your mom's name but the mortgage bill comes in yours? How is that possible? The bill should come in the name of whoever took out the loan. Didn't you have to sign dowry rights when the home was purchased? Are you on title and just not on the loan itself?

Ldij, if she's not on title can't he legally have her leave the house? She doesn't own it then, and no mortgage company is going to send a bill in her name without her being on the loan even if she is on title. I know that her mother factors in a bit, but shouldn't really because it's her he's asking leave. Just curious. I know that in my situation, I bought my house before I was married and my husband is not on title or the loan. BUT he does make the payments. I've heard that if we ever should divorce he would still have legal interest in the house if he could prove the payments he's made. Maybe this is what she's talking about? But I'm still curious as to why if she's not on any legal paperwork why he can't make her leave?

I don't know much about divorces and hope I never do...but this peaked my interest.

[Ohiogal]

It is the marital property and as such the only person who can evict her is the judge. He can issue orders removing her from the property. HOWEVER, without such orders she is allowed to remain in the MARITAL property regardless of whose name is on the mortgage and/or deed.

[penny4u]

Originally Posted by Ohiogal

It is the marital property and as such the only person who can evict her is the judge. He can issue orders removing her from the property. HOWEVER, without such orders she is allowed to remain in the MARITAL property regardless of whose name is on the mortgage and/or deed.

Interesting...thanks for clarifying.