husband moved out

[cinderella2000]

What is the name of your state?Pennsylvania
Hi .In march of 2004 my husband moved out of the house which we own.He hasnt been back since.We are getting divorced and I was wondering if you have any advice on how or what I can do to keep the house.Am I entitled to the house. We have 2 kids and the kids and I have been living in the house.I have paid the property taxes.He pays child support.I pay all medical expenses for the kids.Any advice would be helpful..Thanks

[rmet4nzkx]

Originally Posted by cinderella2000

What is the name of your state?Pennsylvania
Hi .In march of 2004 my husband moved out of the house which we own.He hasnt been back since.We are getting divorced and I was wondering if you have any advice on how or what I can do to keep the house.Am I entitled to the house. We have 2 kids and the kids and I have been living in the house.I have paid the property taxes.He pays child support.I pay all medical expenses for the kids.Any advice would be helpful..Thanks

I will refer you to your attorney re your property settlement. This may be a complicated matter. Here are the grounds for divorce for PA:
Pennsylvania Divorce Grounds
* an irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for 2 years;
* an irretrievable breakdown of the marriage and the spouses have both filed affidavits that they consent to the divorce (90 days must elapse after the filing for divorce before the court will grant a divorce);
* adultery;
* bigamy;
* imprisonment for 2 or more years;
* confinement for incurable insanity for 18 months;
* willful desertion for 1 year;
* cruel and inhuman treatment endangering the life of the spouse; and
* personal indignities.
And since you are asking about who gets the house, here are the Pennsylvania Property Division Laws
In a Pennsylvania divorce, each party will retain his or her separate property. Separate property is any property that was
* (1) acquired prior to the marriage;
* (2) acquired in exchange for any separate property;
* (3) any gifts and inheritances; and
* (4) any property designated as separate in a valid agreement between the spouses.

All other marital property will be divided by a Pennsylvania divorce court equitably based on the following factors:

* the contribution or dissipation of each spouse to the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as homemaker;
* the age and health of the spouses;
* the sources of income of the spouses;
* the value of each spouse's property;
* the economic circumstances of each spouse at the time the division of property is to become effective;
* the length of the marriage;
* the tax consequences to each spouse;
* the occupation of the spouses;
* the amount and sources of income of the spouses, including retirement and any other benefits;
* the vocational skills of the spouses;
* the employability of the spouses;
* the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;
* the standard of living established during the marriage;
* any contributions toward the education, training, or increased earning power of the other spouse;
* any prior marital obligations; and
* whether the person will have custody of any dependent minor children.

In general, the judge will consider the the grounds for divorce and the factors re property settlement and/or consider any settlement between the parties.

A word of warning, when posting on our site or when consulting an attorney, you need to supply all the relevant facts in order to receive appropriate advice. In your post you left out some important information, your boyfriend.

What ever dealing your boyfrined has with the law, apparently he has withheld relevant facts from his attorney, to the extent that his attorney has had to investigate him. Yes, an attorney may investigate to get the truth, they are an officer of the court, they cannot aid and abet. Please seriously look at this relationship as this may impact not only your property settlement but also the best interest of your children.

Originally Posted by cinderella2000

What is the name of your state? Pennsylvania

Hi ..my boyfriend has a lawyer who has been giving out all his personal information to total strangers.We have conversations she has had with 2 strangers and has given out details.She has also been checking his cell phone bills and credit card bills to see who he has called and what he has used his credit cards to buy.She informed these strangers that she has called some of the people he has called to see who they were and how they knew him.She has even told these strangers he will lose his house,she will mess up his taxes, and if he writes one more bad check he will go to jail.Any advice on how to stop her..She is giving good lawyers a bad name.What ever happen to client/Lawyer confidenial.

This indicates your boyfriend is facing some serious consequences. What is it about your boyfrined that you are not telling us?

[BelizeBreeze]

And just How are you 'ENTITLED' to the house? Who told you this?

[Venus05]

Originally Posted by cinderella2000

What is the name of your state?Pennsylvania
Hi .In march of 2004 my husband moved out of the house which we own.He hasnt been back since.We are getting divorced and I was wondering if you have any advice on how or what I can do to keep the house.Am I entitled to the house. We have 2 kids and the kids and I have been living in the house.I have paid the property taxes.He pays child support.I pay all medical expenses for the kids.Any advice would be helpful..Thanks

O.K. another post of yours was brought into this wherein you refer to your boyfriend. I am a native of PA and I do know this. If both you and your husband have owned and maintained this property prior to and/or marriage, then any and all equitable assets are a 50/50 split. The only way you would be able to own this house is if a) your ex-husband to be signs it over to you or b) you buy him out of what he is entitled to. My question is, what makes you think you should have the house? If I were your ex-husband, I would never give up my portion of what I am entitled to for your boyfriend to move on in and plop himself. If your ex did want to turn over his half, I think it would be moreso for your kids sake and not yours. You don't say why your husband moved out. hmmmm...I think he had to sacrifice allot here and deserves his share to which he is entitled to. Actually, it would be a healthy and fresh start for you, your children, ex and boyfriend. No past memories or old baggage lying around. Good luck to you and your family.

[cinderella2000]

Originally Posted by BelizeBreeze

And just How are you 'ENTITLED' to the house? Who told you this?

I didnt mean I was entitled to the house I just wanted advice on what to do..He left because we couldnt get along and we both agree it is over. I have no intention on moving my boyfriend in with me.I want to be friends with my ex..I thank u all for ur advice.I do agree he is entitled to his half .Im not saying that.I just didnt know the laws or anything.Thanks for the advice.No i dont get food stamps..Sorry I work for a living