Mortgage on house in spouse's name

[NY Divorce]

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

My husband and I have been married for almost 22 years. Ten years ago we bought a home. He holds the mortgage on the house because my credit wasn't very good at the time. We both pay on the mortgage and he now wants a divorce because he is having an affair. He wants me out of HIS house, do I legally have the right to reside there?

My question is: What are my options?

 

[mistoffolees]

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

My husband and I have been married for almost 22 years. Ten years ago we bought a home. He holds the mortgage on the house because my credit wasn't very good at the time. We both pay on the mortgage and he now wants a divorce because he is having an affair. He wants me out of HIS house, do I legally have the right to reside there?

My question is: What are my options?

Does anybody search for answers before asking?

This question is asked and answered at least half a dozen times a week. It's your house. He can't throw you out, but he can go to court and ask for possession of the house. You can do the same thing if you can afford it.

The home equity will be split, either way.

 

[NY Divorce]

The mortgage and loan is in his name only. He believes he can legally throw me out of the house because he holds the deed. Is there any truth to this? I can go to court and ask for possession of a house that is not in my name?

 

[mistoffolees]

The mortgage and loan is in his name only. He believes he can legally throw me out of the house because he holds the deed. Is there any truth to this? I can go to court and ask for possession of a house that is not in my name?

NO, HE CAN NOT THROW YOU OUT WITH A COURT ORDER. It doesn't matter if it's in his name, your name, or Mickey Mouse's name. It's the marital residence and he can not legally throw you out.

He can, however, file for divorce and get a court order for temporary possession of the home - in which case you have to move out.

You could, in principle, do the same. However, if the mortgage and deed are in his name, it is far less likely that you'd win.

Given the circumstances, plan to move out, but not if there are minor children involved. In that case, talk with an attorney before doing anything.