Lost! Need some help!!!

[gteal]

State of Florida

Well this is my first divorce and my husbands second, I am scared and overwhelmed. I have several questions and appreciate any and all help that I can get.

My first question is:
When filing for the divorce do I file with or without children?My son is not my husbands biological father, however he as known as dad to him and has been there since my son was 1 (he is now 8). His biological father abonded us when he was an infant. Also, even though I feel I know the answer, Is there anyway to ensure he stays in my sons life? I want no money from him at all, I dont want my son to loose him.

My second dilema is:

My husband and I own a house. We found out yesterday that I am not on the mortgage, but I am on the deed however, Strange!!!!!????? My husband is trying to kick me out, can he do that? Also if the house were to go into forclosure would that affect me? He also wants me to do a quick claim deed to him...would this be wise?


Thank you again!!!!!

 

[Ohiogal]

State of Florida

Well this is my first divorce and my husbands second, I am scared and overwhelmed. I have several questions and appreciate any and all help that I can get.

My first question is:
When filing for the divorce do I file with or without children?My son is not my husbands biological father, however he as known as dad to him and has been there since my son was 1 (he is now 8). His biological father abonded us when he was an infant. Also, even though I feel I know the answer, Is there anyway to ensure he stays in my sons life? I want no money from him at all, I dont want my son to loose him.

Does your son know that he is NOT his father or have you lied to your son about that? And no, there is NO way to make sure that this legal stranger remains in your son's life.

My second dilema is:

My husband and I own a house. We found out yesterday that I am not on the mortgage, but I am on the deed however, Strange!!!!!????? My husband is trying to kick me out, can he do that? Also if the house were to go into forclosure would that affect me? He also wants me to do a quick claim deed to him...would this be wise?

Your husband would need a court order to remove you. If you are NOT on the mortgage you are not responsible for the loan. HOWEVER, if you are on the deed, you are an owner of the house. Do not sign a quit claim deed to your husband until ordered to do so by the court as part of the FINAL decree of divorce.

 

[gteal]

let me clarify

My son does know that -that he is not his biological father. I should of mentioned that. Thank you

 

[OHRoadwarrior]

You need to develop an employment strategy, if you are not working.

 

[gteal]

employment

I am working, thankfully!

 

[LdiJ]

State of Florida

Well this is my first divorce and my husbands second, I am scared and overwhelmed. I have several questions and appreciate any and all help that I can get.

My first question is:
When filing for the divorce do I file with or without children?My son is not my husbands biological father, however he as known as dad to him and has been there since my son was 1 (he is now 8). His biological father abonded us when he was an infant. Also, even though I feel I know the answer, Is there anyway to ensure he stays in my sons life? I want no money from him at all, I dont want my son to loose him.

You file without children as there are no children of the marriage. Unfortunately, other than you allowing access to your child there is no way to ensure that your son will not lose your husband as part of his life.

My second dilema is:

My husband and I own a house. We found out yesterday that I am not on the mortgage, but I am on the deed however, Strange!!!!!????? My husband is trying to kick me out, can he do that? Also if the house were to go into forclosure would that affect me? He also wants me to do a quick claim deed to him...would this be wise?


Thank you again!!!!!

Your husband cannot kick you out of the marital home even if you were not on the deed. You have the right to live there until a judge says otherwise. A foreclosure would not effect you because you are not on the mortgage, and eventually yes, you should sign a quit claim deed but not until your property settlement is complete and you have your share of the marital assets.

 

[gteal]

thanks!!

Thank you all for your advice.

 

[nextwife]

He also wants me to do a quick claim deed to him...would this be wise?


Thank you again!!!!!

There is no such thing as a Quick Claim deed.

Is there equity in the house?

 

[Zigner]

There is no such thing as a Quick Claim deed.

OP mis-heard - husband is asking for a QUIT-claim...

 

[gteal]

sorry

Yes a quit claim deed sorry about that and no no equity.

 

[OHRoadwarrior]

Yes a quit claim deed sorry about that and no no equity.

The result of signing a Quit Claim is that he could evict you as a tenant. Now you are an owner.

 

[gteal]

Ok thank you. I wont agree to anything until at the table with lawyer

 

[Ohiogal]

The result of signing a Quit Claim is that he could evict you as a tenant. Now you are an owner.

Wrong. A husband cannot evict a wife (or vice versa) as a "tenant" due to the fact that it is the marital residence. Hubby would need a court order through a divorce.

 

[Bali Hai]

Yes a quit claim deed sorry about that and no no equity.

If no equity what's the problem? Unless you want to refi and keep the house yourself. In that case he would quit claim after your financing was approved and at the closing.

The ace you think you are holding is only a duce.

 

[wavehopper27]

If she would be entitled to half of any equity, could she also be held liable for half of any deficit?