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keeping my house

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kelly2399

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

I am in a really confusing situation.

My boyfriend, son, and myself purchased a house. We each pay 1/3 of the mortgage. My boyfriend took a loan out on his 401k for the deposit.

Since we bought the house, my boyfriend has begun binge drinking and he becomes really nasty. He is verbally abusive and threatening.

I have asked him to leave several times however his answer was to fly into a rage and threaten to do bodily harm to me and my children. We came to an agreement that he would go to a motel to drink but it hasn't happened.

He has not done anything physical to me but he has attacked my oldest son. he was arrested for it and banned from the house for 30 days when he promptly returned. I do not want to wait around for him to go into a blackout and do something.

He has all the money in a separate bank account and only he has access to it.

I work at home between my oldest son and myself, we can swing the mortgage payment without my boyfriend however we cannot afford a lump sum payment it would take for us to move. My boyfriend is the father of my 2 youngest children and they are happy and well adjusted in our home.

My question is how can I get him out of the house legally and can he sell the house without mine and my son's signatures? who owns the house? All 3 of us are on the paperwork, the deeds and the purchase and sales agreement however he did put the down payment on it. Is this considered Joint Tenancy?

I really need an answer asap any help would be appreciated.What is the name of your state (only U.S. law)?
 


Isis1

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

I am in a really confusing situation.

My boyfriend, son, and myself purchased a house. We each pay 1/3 of the mortgage. My boyfriend took a loan out on his 401k for the deposit.

Since we bought the house, my boyfriend has begun binge drinking and he becomes really nasty. He is verbally abusive and threatening.

I have asked him to leave several times however his answer was to fly into a rage and threaten to do bodily harm to me and my children. We came to an agreement that he would go to a motel to drink but it hasn't happened.

He has not done anything physical to me but he has attacked my oldest son. he was arrested for it and banned from the house for 30 days when he promptly returned. I do not want to wait around for him to go into a blackout and do something.
He has all the money in a separate bank account and only he has access to it.

I work at home between my oldest son and myself, we can swing the mortgage payment without my boyfriend however we cannot afford a lump sum payment it would take for us to move. My boyfriend is the father of my 2 youngest children and they are happy and well adjusted in our home.

My question is how can I get him out of the house legally and can he sell the house without mine and my son's signatures? who owns the house? All 3 of us are on the paperwork, the deeds and the purchase and sales agreement however he did put the down payment on it. Is this considered Joint Tenancy?

I really need an answer asap any help would be appreciated.What is the name of your state (only U.S. law)?
what??? hold on a second.

he attacked your oldest son. he was arrested? and you stayed in the house. and he came BACK?? you allowed that to happen? you didn't file on a more permanant restraining order? you didn't MOVE for the safety of your children? because your more concerned about a freaking house????:eek::eek:
 

justalayman

Senior Member
if all 3 of you are on the deed (presuming equal shares), then you all 3 own the house. Each of you have a right to inhabit the house.

No party can sell any other party's share but they can sell their own share, if they can find somebody that wants to share a house with you and your son. If any party sells their share, the bank is going to come calling for the total balance of the mortgage loan.




joint tenancy is how you might hold title to the house. You would have to look at your deed to determine. Tenancy in common is the other option.
 

kelly2399

Junior Member
Keeping my house

I live in NH. He was not prosecuted for hitting my son, he was charged with criminal mischief because he smashed a door. It is a misdemeanor offense. When he returned, I was told by local authorities that there was nothing they could do. Because he was not charged with assault, I could not put a restraining order on him.

After that incident, he did not drink for 2 years. He started drinking recently and things have gotten out of control.

If I were in a better financial situation, I would leave. I cannot afford it. And before anyone says that there are agencies out there to help, I have called them. I am told that I should get him out and keep the house. I need to know how I can legally do that.
 

Isis1

Senior Member
I live in NH. He was not prosecuted for hitting my son, he was charged with criminal mischief because he smashed a door. It is a misdemeanor offense. When he returned, I was told by local authorities that there was nothing they could do. Because he was not charged with assault, I could not put a restraining order on him.

After that incident, he did not drink for 2 years. He started drinking recently and things have gotten out of control.

If I were in a better financial situation, I would leave. I cannot afford it. And before anyone says that there are agencies out there to help, I have called them. I am told that I should get him out and keep the house. I need to know how I can legally do that.
you are going to have to sue him and/or buy him out.

if he has an outburst again, plan on your two younger children being removed from your care because you did not act sooner to protect them. by leaving with them.
 

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