What is the name of your state (only U.S. law)? PA
I told my husband I was moving out and filing for divorce. He chose to move out instead. It has been > 6 months and he is now stating that he is moving back in. Can he legally move back in unless I move out? I want to either sign the house over to him or sell it but he won't do either, just insists on moving back in.
Just so you understand: I sense you don't wish to be responsible for the mortgage, but, if you are a co-borrower on the loan, the lender will hold you EQUALLY responsible for the full balance whether you live there or not. Therefore, until you have sold it, you are still legally liable for the mortgage regardless of where you choose to reside and regardless of what you and spouse decide between you in court.. Your choice to not be with your co-borrower has no bearing on your mortgage responsibility.
Perhaps you and he need to get a court order to sell it and tough it out together until it is sold. Problem today is that
too many people who could barely afford their homes while together don't "get" that apart they cannot afford both separate housing and the house. They need to make sure they dispose of their homes responsibly and then worry about separate housing, if it's not affordable otherwise. Likely he wants to move back in because the cost of the mortgage and seperate housing is unworkable. Who was paying the mortgage and all related costs while he was not residing there? Were you covering the whole thing?
