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cindeeeee

Junior Member
What is the name of your state (only U.S. law)? NJ

I would REALLY like a divorce. My husband of 28 years is an alcoholic and is addicted to porn. We have 2 adult children, one of whom... still lives at home. I have asked for a divorce in the past. He just laughs and says he'll never leave. The problem is that I will not abandon this house. It was my parent's home and my mother won it in their divorce(he was an alcoholic too). She waived all alimony in lieu of the property. She died 10 years ago with it in all 3 of our names although I have legal documentation that husband signed agreeing that his interest is only 1/4 but that he will be liable for the first mortgage we took out for rennovations and expansion. I have about 7yrs left on that mtg. we both work but he makes twice as much as I do. I just want this to end reasonably civil, but fear violence if I push the issue. He says I cannot afford the house on my own but I could with the help of my child who is still at home or if I rented out a room. We don't speak much, haven't had sex in years and I simply don't like the man...while I can't MAKE him leave, can I file for divorce and have a judge order him to leave? I realize I will have to compensate him his share somehow, but this was MY family home that was paid for the first time without him. My mother's 1/2 interest was legally left to me and I owned 1/4. Do I then own 3/4? Must I forever be emotionally and verbally (and once or twice physically)abused because I won't abandon what my mother suffered to keep for me because he won't agree it's over and move on? He says he loves me but it's a toxic sort of "if I can't have you nobody will" sort. How do I get out of this?What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NJ

I would REALLY like a divorce. My husband of 28 years is an alcoholic and is addicted to porn. We have 2 adult children, one of whom... still lives at home. I have asked for a divorce in the past. He just laughs and says he'll never leave. The problem is that I will not abandon this house. It was my parent's home and my mother won it in their divorce(he was an alcoholic too). She waived all alimony in lieu of the property. She died 10 years ago with it in all 3 of our names although I have legal documentation that husband signed agreeing that his interest is only 1/4 but that he will be liable for the first mortgage we took out for rennovations and expansion. I have about 7yrs left on that mtg. we both work but he makes twice as much as I do. I just want this to end reasonably civil, but fear violence if I push the issue. He says I cannot afford the house on my own but I could with the help of my child who is still at home or if I rented out a room. We don't speak much, haven't had sex in years and I simply don't like the man...while I can't MAKE him leave, can I file for divorce and have a judge order him to leave? I realize I will have to compensate him his share somehow, but this was MY family home that was paid for the first time without him. My mother's 1/2 interest was legally left to me and I owned 1/4. Do I then own 3/4? Must I forever be emotionally and verbally (and once or twice physically)abused because I won't abandon what my mother suffered to keep for me because he won't agree it's over and move on? He says he loves me but it's a toxic sort of "if I can't have you nobody will" sort. How do I get out of this?What is the name of your state (only U.S. law)?
You may own 3/4th of the house at this point, but someone would have to be able to review the deed to be certain.

Yes, you can file for divorce and ask for exclusive possession of the marital home in the divorce. If granted, he would then have to leave. The problem will be you being able to buy out his share of the home, and get him off the mortgage. In order to do that, you have to be able to refinance.

What kinds of other assets are there? Any savings, 401ks or anything else like that? Anything that you could exchange your share of for his share in the house?
 

caremimu

Junior Member
I am so sorry . . .

I am not an attorney, just someone browsing for answers to questions I have looming in the back of my mind regarding what options I have if I choose to free myself of my husband. My situation is veeerrryyy similar to yours in many respects. My husband was addicted to prescription pain medication for the first few years of our marriage . . . now he's clean--and very mean! He's drained me financially, emotionally, and physically . . . and now he also refuses to leave our/my home. The problem is, that although it was mine before I ever met him, the house was refinanced to pay for his "rehabilitation!" Now I can't afford the payments on my own--and he won't leave! I will say a prayer for you and your family that God provides you with a way to be free, without losing what is rightfully yours.
 

cindeeeee

Junior Member
You may own 3/4th of the house at this point, but someone would have to be able to review the deed to be certain.

Yes, you can file for divorce and ask for exclusive possession of the marital home in the divorce. If granted, he would then have to leave. The problem will be you being able to buy out his share of the home, and get him off the mortgage. In order to do that, you have to be able to refinance.

What kinds of other assets are there? Any savings, 401ks or anything else like that? Anything that you could exchange your share of for his share in the house?
hmmm...assets that I do have will not amount to 1/4 of the property except for A couple of valuable family heirloom things of mine that I could not part with for wanting to pass them on to my children. We both have pensions. I have a little stock, but it's not worth all that. Savings is minimal. I guess it's bleak then. Sigh. Just what I thought. By the way....can I still live here after filing for divorce....like, do I have to tell him I'm doing it and how long will it take for me to have him removed? I'm really very scared that he'll hurt me... in which case, I guess that problem would be solved, but I'm not too keen on the idea of unleashing that beast. I've been trying to introduce the idea of divorce for a LONG time, and all he ever says is "Yeah, cuz you have a boyfriend and I'm NOT leaving". Lucky me huh?
Thanks for your time!
 

cindeeeee

Junior Member
I am not an attorney, just someone browsing for answers to questions I have looming in the back of my mind regarding what options I have if I choose to free myself of my husband. My situation is veeerrryyy similar to yours in many respects. My husband was addicted to prescription pain medication for the first few years of our marriage . . . now he's clean--and very mean! He's drained me financially, emotionally, and physically . . . and now he also refuses to leave our/my home. The problem is, that although it was mine before I ever met him, the house was refinanced to pay for his "rehabilitation!" Now I can't afford the payments on my own--and he won't leave! I will say a prayer for you and your family that God provides you with a way to be free, without losing what is rightfully yours.
Thank you caremimu! And I wish you the same!!! It just doesn't seem fair that one has to be forced to live like this, does it? We could still have happiness if it were not for the almighty buck. So I guess money really CAN make you happy after all. sigh.
 

xylene

Senior Member
NJ Grounds for divorce

the following grounds may be used for divorce in New Jersey:

no-fault: separation for 18 consecutive months (must be living in separate residences);

institutionalization for mental illness for at least 24 consecutive months;

deviant sexual conduct;

imprisonment for at least 18 months;

adultery (no time limit)

***willful and continued desertion for at least 12 months;

***habitual drunkenness or voluntary addiction;

extreme cruelty, either bodily or mental.


MEANING - Your husbands alcohol addiction and his desertion of you (ie that matter of no sex for years) constitute solid legal grounds for divorce.
 

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