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question about marital property

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T

tve

Junior Member
What is the name of your state? nc

The house is in my name only (on deed), but my husband and I are both on the mortgage b/c we added onto the home and refinanced. Is this considered marital property (atleast part of it).
 


N

nextwife

Senior Member
And MARITAL income was used to make payments/ pay for upgrades? Or did you always only pay from premarital or other non-marital monies? I'd quess not, if he's on a mortgage.
 
T

tve

Junior Member
we paid the mortgage from marital funds.

Someone told me that I would have to have him evicted b/c a judge cannot order someone out of someone's house unless it is marital property, but since we refinaced, isnt that considered marital property?

Also, I dont think that a husband can have a wife evicted and visa vera?

Thanks!
 
Ohiogal

Ohiogal

Queen Bee
tve said:
we paid the mortgage from marital funds.

Someone told me that I would have to have him evicted b/c a judge cannot order someone out of someone's house unless it is marital property, but since we refinaced, isnt that considered marital property?

Also, I dont think that a husband can have a wife evicted and visa vera?

Thanks!
Click to expand...
Nope you cannot have him evicted from the marital home. You need a court order from the judge to have him vacate because it is marital property.
 
T

tve

Junior Member
that is what I was hoping that you would say. He is now saying that it is my seperate property & that a judge cannot order him out. The judge said on Monday that he was going to give his attorney 2 weeks to come up with some case studies that states that he cannot kick him out.....but since you say it is marital property (which I think that the judge will agree)then it looks as if the judge will be sending him packing....thanks!!!
 
T

tuffbrk

Senior Member
If it's marital property, what gives you more rights to it than him? Are you sure you correctly understood what was said?

My understanding is that in most states, neither party may be ordered from the marital premises without cause....
 
T

tve

Junior Member
He is not paying the mortgage and the bills and we showed the judge that he had a "for rent" sign in the front yard, showing that he has no intent of living there. My attorney told the judge that I want to live in the house, can and will pay all of the bills and mortgage payments.

Also, I bought the house originally and put 100K down. Even though we refinanced, he never put any money down and oh yeah, I run a business out of the home and he does not have a JOB....
 
Ohiogal

Ohiogal

Queen Bee
tve said:
He is not paying the mortgage and the bills and we showed the judge that he had a "for rent" sign in the front yard, showing that he has no intent of living there. My attorney told the judge that I want to live in the house, can and will pay all of the bills and mortgage payments.

Also, I bought the house originally and put 100K down. Even though we refinanced, he never put any money down and oh yeah, I run a business out of the home and he does not have a JOB....
Click to expand...
Where are you living? How did he put a for rent sign in the front yard without you knowing or your permission? Why didn't you take the for rent sign down? And how much you put down doesn't matter. If he does not have a job are you sure you will not have to pay him alimony?
 
T

tve

Junior Member
he changed the locks and had me thrown out. My attorney suggested that I stay away from him so to wait for the judge to make the decision. We both have 50/50 custody of the children and I did not want to put them in the middle of this aweful situation.
 
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