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wendyvs

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

My husband had an affair and left the marital home almost 2 years ago to live with this person. This past weekend they had a domestic dispute, police were called, she was arrested and now he has come waltzing back into the marital home that I have been residing in by myself ever since he left. No legal papers have been issued for a seperation or divorce to this point. I did meet someone 2 months ago and know if I can still have that person come and visit at the house now that my husband has come back into the home. The home is in both names and during his absence he has been paying half the mortgage payment monthly. Please help - my life was starting to look up and now he has walked back into it and I don't want to lose the happiness I have found now because his affair didn't work out after all this time.
 


Antigone*

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

My husband had an affair and left the marital home almost 2 years ago to live with this person. This past weekend they had a domestic dispute, police were called, she was arrested and now he has come waltzing back into the marital home that I have been residing in by myself ever since he left. No legal papers have been issued for a seperation or divorce to this point. I did meet someone 2 months ago and know if I can still have that person come and visit at the house now that my husband has come back into the home. The home is in both names and during his absence he has been paying half the mortgage payment monthly. Please help - my life was starting to look up and now he has walked back into it and I don't want to lose the happiness I have found now because his affair didn't work out after all this time.
You should have filed for divorce almost two years ago. What is stopping you?
 

Isis1

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

My husband had an affair and left the marital home almost 2 years ago to live with this person. This past weekend they had a domestic dispute, police were called, she was arrested and now he has come waltzing back into the marital home that I have been residing in by myself ever since he left. No legal papers have been issued for a seperation or divorce to this point. I did meet someone 2 months ago and know if I can still have that person come and visit at the house now that my husband has come back into the home. The home is in both names and during his absence he has been paying half the mortgage payment monthly. Please help - my life was starting to look up and now he has walked back into it and I don't want to lose the happiness I have found now because his affair didn't work out after all this time.
well, the time to have filed for divorce would have been the split second he left the first time.

so now, file for divorce. request to have sole access to the home pending the divorce. husband does not have to leave until a judge orders him to.

who name is the home in? are you capable of paying the mortgage on your own? are you able to buy out his share of the marital assets?
 

Antigone*

Senior Member
well, the time to have filed for divorce would have been the split second he left the first time.

so now, file for divorce. request to have sole access to the home pending the divorce. husband does not have to leave until a judge orders him to.

who name is the home in? are you capable of paying the mortgage on your own? are you able to buy out his share of the marital assets?
My gut feeling is that Wendy didn't file for divorce two years ago because the cheatin hubby was paying half the mortgage. She didn't want to rock the boat.
 

dad43

Member
ladies(gent?s), she RECENTLY started seeing someone....hubby left the house with his girl 2 years ago, and now that he has been kicked out b/c he beat the girl(or wtfe), he came "home" to the house that is in him and his wife's name...he's been paying half, and now she wants a divorce...and of course she didn't file, b/c she might have lost the house...or as one poster has the issue, their so upside down, they can't sell...

whatever the excuses, file NOW wendy, and as one said ask to keep the home during divorce proceedings, with the hubby moving out...BUT be prepared of the possibility of leaving the home also, if it can't be refi'd in your name only...as for your new flame, meet him somewhere else...
 

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