Who has to leave the house??

[fisk33]

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

My wife and I have been married for 12 years. We're both middle aged and have no minor kids living at home. Two years ago, we bought a house. Her credit was pretty bad so the mortgage is my name only, however, the deed is in our name. Now we're possibly heading for divorce.

If we split up, i'm wondering about who can live in the house. Selling it is out of the question since we have no equity and no way to pay the real estate agents fees at closing. We both work, but I make more than she does. She cannot afford the mortgage payment herself, but I can. Since she would not be able to make the payments, I would like her to move out. I would NOT want to let her live in the house, fall behind on the mortgage and then lose the house, especially when it's in my name. Tranferring the mortgage to her is also not possible because of credit and insufficient income.

My question: If I do file for divorce, can she be forced to move out? She wont be destitue. She still makes $40K a year and can easily get an apartment. She's told me that if I file for divorce, she is NOT leaving the house.

Thanks in advance.

 

[mistoffolees]

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

My wife and I have been married for 12 years. We're both middle aged and have no minor kids living at home. Two years ago, we bought a house. Her credit was pretty bad so the mortgage is my name only, however, the deed is in our name. Now we're possibly heading for divorce.

If we split up, i'm wondering about who can live in the house. Selling it is out of the question since we have no equity and no way to pay the real estate agents fees at closing. We both work, but I make more than she does. She cannot afford the mortgage payment herself, but I can. Since she would not be able to make the payments, I would like her to move out. I would NOT want to let her live in the house, fall behind on the mortgage and then lose the house, especially when it's in my name. Tranferring the mortgage to her is also not possible because of credit and insufficient income.

My question: If I do file for divorce, can she be forced to move out? She wont be destitue. She still makes $40K a year and can easily get an apartment. She's told me that if I file for divorce, she is NOT leaving the house.

Thanks in advance.

When you file for divorce, ask for exclusive use of the marital home while the divorce is pending. Until the court grants one of you use of the home, you both have the right to live there.

 

[LdiJ]

When you file for divorce, ask for exclusive use of the marital home while the divorce is pending. Until the court grants one of you use of the home, you both have the right to live there.

And, in your argument as to you having exclusive use of the home, do explain that the mortgage is solely in your name and that you can afford the mortgage, and she cannot. Explain as well that the home currently has no equity and therefore would be difficult to sell. You want the judge to understand that it is more reasonable for you to keep the house.

 

[fisk33]

Thank you mistoffolees for the quick reply. I guess that answer makes perfect sense. I just didnt ask the question correctly which is my fault.

When it comes time to file for divorce, and we sit down with a lawyer, will she be able to flatly refuse to leave the house even though she can't afford to make the payments? We dont have any children together and there is no alimony in Indiana, so this should just be an easy and painless divorce. However, I can see this getting ugly if she refuses to leave the house.

I'm hoping we can be adults and do this with one attorney to file the paperwork, instead of going broke each hiring our own counsel. I'm just worried that somehow she'll manage to get to stay in the house, not be able to make the mortgage payments, and then lose the house while it destroys my credit score.....

 

[ecmst12]

She can refuse all she wants but if a judge orders her to leave and she doesn't, she can get into a world of trouble.

 

[fisk33]

Thanks for the advice. I really appreciate it.