Spouse wants me out of his house.

[OldGreyMare]

What is the name of your state? New York

My husband and I have been together for 14 years, of which we have been married the last 6 years. We have two children (ages 12 and 9) together, both born out of wedlock and he has acknowledged paternity for both. He has claimed me and my son (from a previous marriage) on his Federal and State withholds while we were living together and not yet married. 8 years ago he purchased a house and we moved in. This past April he moved out of the house and I immediately filed for custody of the two children that I had with him. We went to court and my husband agreed to give me full custody and he took visitation and we both agreed that visitation would be as both parties agreed, and the judge granted the same. My son goes every weekend but my daughter refuses to got and breaks out in tears everytime she thinks she has to go with him.

Early today I told my husband to pick up my son on Friday night as I am leaving early Saturday morning. He told me NO, he will be here Saturday and I told him that the kids will not be here then. He then demanded to know where I was going and who would be looking after his kids. I told him they would be with me and he again demanded to know where I was going and I refused to tell him.

My husband is now threatening to throw me out of the house saying that it's his house and also that he can take the children when ever he wants. He says that if he comes up Saturday and I'm not here he will change the locks and keep me out. He also stated that he can move back in any time he wants since it's his house.

Is all of what he said is true?

[BelizeBreeze]

Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

(1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
(2) the value of each spouse's property at the time of the marriage and at the time of filing for divorce;
(3) the probable future economic circumstances of each spouse;
(4) the length of the marriage;
(5) the age and health of the spouses;
(6) the amount and sources of income of the spouses;
(7) the present and potential earning capability of each spouse;
(8) the potential loss of inheritance or pension rights upon dissolution of the marriage;
(9) whether the property award is instead of or in addition to maintenance;
(10) custodial provisions for the children and the need for a custodial parent to occupy the marital home;
(11) the type of marital property in question (whether it is liquid or non-liquid);
(12) the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse;
(13) the tax consequences to each party;
(14) the wasteful dissipation of assets;
(15) any transfer of property made in anticipation of divorce;
(16) any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and
(17) any other factor necessary to do equity and justice between the spouses. Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 236, Part B].

Depending on when the home was purchased, how the deed is held and any conversion during the marriage that occurred, he may be right.

[OldGreyMare]

At the time of his purchasing the home, we were living together as a common law marriage and raising a family together.

He purchased the house with an "owner held mortgage" for 5 years after which he had to make full payment to the seller. When he went to find financing for a new mortgage and being that I had the better credit, I am on the mortgage.

[BelizeBreeze]

Originally Posted by OldGreyMare

At the time of his purchasing the home, we were living together as a common law marriage and raising a family together.

No, you were not.
New York does not allow the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. Unlike some other states, in New York a couple cannot acquire marital rights and responsibilities by living together for a particular period of time.

He purchased the house with an "owner held mortgage" for 5 years after which he had to make full payment to the seller. When he went to find financing for a new mortgage and being that I had the better credit, I am on the mortgage.

but are you on the deed. I don't recall asking about the mortgage now did I?

[Rushia]

Originally Posted by OldGreyMare

At the time of his purchasing the home, we were living together as a common law marriage and raising a family together.

He purchased the house with an "owner held mortgage" for 5 years after which he had to make full payment to the seller. When he went to find financing for a new mortgage and being that I had the better credit, I am on the mortgage.

Unless you had a common law marriage recognized in another state, that does not apply here. NY only recognizes common law marriages from another state.

[nextwife]

Being a co-borrower on a mortgage does NOT give you ownership rights to a premarital asset. ONLY being in title does that.