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Want divorce, husband refuses to leave

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gdeva

Junior Member
What is the name of your state (only U.S. law)? Florida
I want a divorce. I have voiced this to my husband on more than one occasion. We've been married for 3 years we have a daughter who is 2 years old and I will not move out of my house.
I purchased the home prior to us getting married solely in my name.
My husband does not work, pay bills, and is behind on his child support for a son from aprevious relationship.

I have told him in no uncertain terms, I do not want to live with him anymore. I want a divorce. I have asked him to move out. He refuses to leave.
He tells me the house is half his even though I bought it and he is not on the deed. He says he will not leave.

Is there any legal way to make him leave? When I file for divorce, will he have to move out or can he stay here until the divorce is final?

He also says that he will contest the divorce. He does not want a divorce and he will not sign any papers. He says, if I do file for divorce he will force me to sell the house and give him half.
Will I have to do this or are the cases where a judge will award one party or the other the house?
Will a judge take into consideration that my husband has barely worked over the past year of marriage and because I have basically been the sole provider for my child, I should get to keep the house to raise her in?

I took the the class required by the state and I already got the certificate, I paid for him to go to class and on the way there he started screaming at me in the car
and opened the door in the middle of the highway, I had to pull over and he walked back home refusing to go to the class.

Finally, how do you collect child support from someone who has no income?
 


TinkerBelleLuvr

Senior Member
File for divorce. Ask for exclusive use of the house.

Until the judge says so, he doesn't have to move because it is the marital residence.

Oh - ask the courts to impute an income for child support purposes. Just don't count on getting it.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida
I want a divorce. I have voiced this to my husband on more than one occasion. We've been married for 3 years we have a daughter who is 2 years old and I will not move out of my house.
I purchased the home prior to us getting married solely in my name.
My husband does not work, pay bills, and is behind on his child support for a son from aprevious relationship.

I have told him in no uncertain terms, I do not want to live with him anymore. I want a divorce. I have asked him to move out. He refuses to leave.
He tells me the house is half his even though I bought it and he is not on the deed. He says he will not leave.

Is there any legal way to make him leave? When I file for divorce, will he have to move out or can he stay here until the divorce is final?

He also says that he will contest the divorce. He does not want a divorce and he will not sign any papers. He says, if I do file for divorce he will force me to sell the house and give him half.
Will I have to do this or are the cases where a judge will award one party or the other the house?
Will a judge take into consideration that my husband has barely worked over the past year of marriage and because I have basically been the sole provider for my child, I should get to keep the house to raise her in?

I took the the class required by the state and I already got the certificate, I paid for him to go to class and on the way there he started screaming at me in the car
and opened the door in the middle of the highway, I had to pull over and he walked back home refusing to go to the class.

Finally, how do you collect child support from someone who has no income?
You file for divorce. You ask for exclusive use of the marital home pending the final outcome of the divorce. You use the fact that you purchased the home prior to marriage and the fact that he cannot make the house payments as part of your rationale for this.

He is entitled to 1/2 of the marital assets and is responsible for 1/2 of the marital debts. Since he apparently doesn't want to work, you may want to negotiate keeping all of the marital debt in exchange for a greater portion of the marital assets. (to protect your credit).

If the home has any equity at this time, any equity that accrued during the marriage is a marital asset. The judge won't (can't really) make you sell the home since it is in your name only, but unless his half of the equity is credited against his half of the marital debt, you may have to pay him some money...even if you have to borrow it from somewhere. Retirement accounts (401ks, IRAs) that accrued during the marriage are also marital assets.

If you get primary custody he will be ordered to pay child support. However, collecting from will be another story...particularly since he already has a child support order that he is behind on.
 

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