Does she have rights to my house?

[LdiJ]

File for divorce, sell the house, split the proceeds in an equitable way, and move on.

We get that you don't want to live with her, but get the paperwork done. It's nice that you can make the mortgage payments, but in order to keep the house, you have to buy out her share of the equity in the house. While you're paying those mortgage payments and not filing the paperwork, equity it be a building.

Until someone files for divorce here, it is unambiguously marital property. It was purchased during the marriage, most likely using a down payment that involved some amount of money that was accrued during your marriage. By your own admission, she contributed to the mortgage prior to moving out. So no, it is not solely yours.

Until someone files the paperwork, commenting about child support - or lack thereof - is irrelevant. There is no court order for child support, so it need not be even mentioned. Unless, of course, you have been sending child support for the child still living with your wife.

It is very possible for a father to get the house and the kids in MA - I've had 2 female relatives who had that happened to them in MA, and frankly, the judge's ruling in both those cases made sense. At this point, the fact that you've been making mortgage payments and she has not been living there is in your favor, so get the paperwork done rather than procrastinating.

I disagree about selling the house...at least without knowing exactly how much equity there is. Why should he sell a house that is in his name only if there is another option available?

 

[ecmst12]

He doesn't have to sell the house but he will owe her half the equity in a divorce. Why he hasn't done anything for three freaking years is a mystery.

 

[Bali Hai]

He doesn't have to sell the house but he will owe her half the equity in a divorce. Why he hasn't done anything for three freaking years is a mystery.

Some people do that for whatever reason. It's mostly ignorance. A co-worker of mine separated from his wife (not legally) here in NY for 10 years. When they finally got around to making it a legal divorce, his ex got half his retirement for those ten years of separation. He was mad as hell but it was his own laziness and ignorance.

 

[not2cleverRed]

I disagree about selling the house...at least without knowing exactly how much equity there is. Why should he sell a house that is in his name only if there is another option available?

You're right: we don't know about the equity. But we do know that he was pleasantly surprised that he could manage to make the mortgage payments on his own after she moved out, because he had been depending on her. It is very likely that he doesn't have the money to reimburse her for the equity, no matter how little has accrued. We don't know what was the source of the down payment on the home, and how much the wife contributed to that down payment, but it likely was something more than $0, given that it was purchased with the intent of being the marital home.

I think we all agree though that OP should stop procrastinating. Oh, and he should stop commenting about the lack of child support that he doesn't care about, for the kid he only has part time, since he's apparently not supporting his other child just because his wife makes more than him.

 

[hdsportster444]

I am confused because I went to the courthouse and spoke to an attorney that they had there who gave free advice.
I explained the whole situation. What she said was that the ex should have no rights to the house, but she may be entitled to a share in the equity for the time that she lived there. I would like to believe that, but the ex keeps telling me otherwise. I can't really be sure that she has even gotten legal advice, OR is she just saying these things thinking that I haven't looked for advice. Part of me wonders that if she did in fact get this advice, and could actually do something, wouldn't she just do it?
The 17 year old child lives with me full time, and has for the past 2 years. I honestly don't care about child support money. It was just mentioned because it's part of my situation. We also have a 22 year old daughter that is on her own right now. When she left, she took the both of them with her and got an apartment.
I agree I should not procrastinate, but every time i mention divorce I get answers like "I don't want to go through it right now".
If I could afford it, I'd hire an attorney and have the papers served and get it done...Sometimes I feel like I can't afford NOT to.

 

[ecmst12]

She's entitled to half of the equity that accrued during the entire marriage - including after she moved out. You can't afford to keep putting it off.

 

[Ladyback1]

If I could afford it, I'd hire an attorney and have the papers served and get it done...Sometimes I feel like I can't afford NOT to.

ding, ding, ding...we have a winner!