Husbands rights

What is the name of your state?Florida
My brothers wife left their home and they have seperated but not legally. I wanted to know does she have any rights to enter the home when he is not there since she has moved out? Does he have to pay her child support immediately since she has moved out because their names are both on the deed and she is not paying anything toward the mortgage of the house. She says he can have the home but more than likely she will want the house when he ever decides to sell. What are his rights?

pamelajo1990 said:

What is the name of your state?Florida
My brothers wife left their home and they have seperated but not legally. I wanted to know does she have any rights to enter the home when he is not there since she has moved out? Does he have to pay her child support immediately since she has moved out because their names are both on the deed and she is not paying anything toward the mortgage of the house. She says he can have the home but more than likely she will want the house when he ever decides to sell. What are his rights?

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If her name is on the deed or the lease then she is free to enter as she likes. He can't stop her from doing that. No, he is not obligated to pay her support until a court orders him to do that, however it does help his image in the eyes of the court if he continues to contribute the the welfare of his child(ren).

The equity in the home will belong to them equally if the home was purchased during the marriage. Either he will get to keep the home and buy out her share, or she will get to keep the home and buy out his share...or the house will be sold and they will each get their share.

Basically they will end up sharing in both the assets and the debts of the marriage....and will end up both supporting their child(ren) according to their respective incomes.

I live in Texas and I am in a similar situation accept I am yhe one who left because my wife has been seeing someone else. I have been supporting the kids and I see them every weekend. I went to see them today and she was moving her boyfriend into my house. Can she legally do this? And do I have any legal rights to this? He is a convicted felon and very violent and I would prefer to not have him around my children.

tireman - you'll get a better response if you start your own thread.

What are my rights?

I live in Texas and I left home last because my wife has been seeing someone else. I have been supporting the kids and I see them every weekend. I went to see them today and she was moving her boyfriend into my house. Can she legally do this? And do I have any legal rights to this? He is a convicted felon and very violent and I would prefer to not have him around my children.

Brothers wife

If he is not there she will probably come in and tear all stuff up. She is very angry and has a very bad temper. Does she still have to pay on the mortgage since she is on the deed hes paying the mortgage plus giving her child support. She also took money out of their account and ending up bouncing checks. She also turned off his power canceled the phone you name it she has tried it. What does he do for all of this she has done? Ifshe is the one who moved out why does she have the right to enter anytime she wants or does he have to be present? She wants to take everything she can. Whats my brother to do?

pamelajo1990 said:

If he is not there she will probably come in and tear all stuff up. She is very angry and has a very bad temper. Does she still have to pay on the mortgage since she is on the deed hes paying the mortgage plus giving her child support. She also took money out of their account and ending up bouncing checks. She also turned off his power canceled the phone you name it she has tried it. What does he do for all of this she has done? Ifshe is the one who moved out why does she have the right to enter anytime she wants or does he have to be present? She wants to take everything she can. Whats my brother to do?

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Since he is the one currently in possesion of the house then he would be expected to pay the mortgage. A judge MIGHT order her to share that cost, but it isn't very likely. It was tacky of her to turn off utilities but if they were in her name she did legally have the right to do that. Your brother could change the locks, however he should be prepared to get a bit hammered for doing that in court.

pamelajo1990 said:

What is the name of your state?Florida
My brothers wife left their home and they have seperated but not legally. I wanted to know does she have any rights to enter the home when he is not there since she has moved out? Does he have to pay her child support immediately since she has moved out because their names are both on the deed and she is not paying anything toward the mortgage of the house. She says he can have the home but more than likely she will want the house when he ever decides to sell. What are his rights?

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O.K. let's try this again, without all the 'Gee, I guess this is the way it's EXPECTED to go.." crap.

1. They are BOTH on the deed and mortgage. Therefore they are BOTH legally liable. Have your brother either file for divorce immediately or, at the very least, document when she left and continue paying the mortgage.
In the event of a property dispute during the divorce, your brother can present a case for a larger ownership interest in the home by virtue of his paying all expenses and mortage payments from the date of her departure.

2. Have brother file an immediate restraining order against her and then have the locks changed. IF she wants anything out of the home, then she can call the police to escort her there. Otherwise, her ass doesn't set foot in that house.

3. NO child support is required at this time. HOWEVER, he might want to start putting money away because the moment either party files for divorce child support will be taxed from that date.

4. EITHER party of ownership in a property can file for partition for sale or partition in kind. So the home will either have to be sold or refinanced. That's why it's important to keep records of when she left and the payments made by brother from this point forward.