I've had it, i want him out..

[Vos]

Hello
My husband and I honestly don't love each other anymore and I'm getting fed up with his BS. To be brief I want to kick him out of the house. This house is in my name, but we both pay mortgage (it's in both of our names). I have 4 children that also said that they are fed up with him also. I just don't know how or where to begin, and we all want him out (I'll admit i'm scared of confronting him about this, so if there's a way to avoid it i would)

The questions I have in my mind right now are:
What will happen to me and my 4 children and more importantly my house (I don't work a stable job anymore unfortunately)
How to remove him without causing trouble.

Any advice is will be greatly appreciated and thank you in advance.

 

[Just Blue]

Hello
My husband and I honestly don't love each other anymore and I'm getting fed up with his BS. To be brief I want to kick him out of the house. This house is in my name, but we both pay mortgage (it's in both of our names). I have 4 children that also said that they are fed up with him also. I just don't know how or where to begin, and we all want him out (I'll admit i'm scared of confronting him about this, so if there's a way to avoid it i would)

The questions I have in my mind right now are:
What will happen to me and my 4 children and more importantly my house (I don't work a stable job anymore unfortunately)
How to remove him without causing trouble.

Any advice is will be greatly appreciated and thank you in advance.

US LAW Only,

 

[I'mTheFather]

So, what US state are you in?

 

[BL]

Maybe he wants you out ,and they are NOT " MY Children ". Face reality ..

 

[Proserpina]

Maybe he wants you out ,and they are NOT " MY Children ". Face reality ..

I suppose it's no longer a surprise that you skipped over the important bit.

She's not going anywhere, and nor should she.

 

[BL]

I suppose it's no longer a surprise that you skipped over the important bit.

She's not going anywhere, and nor should she.

Probably ,but could have worded the title differently ?

Is they her child or his too?

Who's notes are on the house ?

This house is in my name, but we both pay mortgage (it's in both of our names).

 

[Proserpina]

Probably ,but could have worded the title differently ?

Is they her child or his too?

Who's notes are on the house ?

House is in her name. Mortgage is in both names.

Children's father? No idea.

Given that the house indeed appears to be in her name, filing for divorce and requesting exclusive use (which she'll get) would be a decent first step. Hightailingi it to an attorney, too.

The court can't award him the house though; the most he'd get would be half the equity gained during the marriage. Maybe.

 

[BL]

House is in her name. Mortgage is in both names.

Children's father? No idea.

Given that the house indeed appears to be in her name, filing for divorce and requesting exclusive use (which she'll get) would be a decent first step. Hightailingi it to an attorney, too.

The court can't award him the house though; the most he'd get would be half the equity gained during the marriage. Maybe.

Two pints I meant points : ) I was trying to get across. I will ask for explinations ? Poster would you mind ?



https://www.youtube.com/watch?v=8_NiUkkQ_mY

Now get that tune stuck in the head all days n nights . : )

Nite. https://www.youtube.com/watch?v=PSZxmZmBfnU

 

[CdwJava]

Hello
My husband and I honestly don't love each other anymore and I'm getting fed up with his BS. To be brief I want to kick him out of the house. This house is in my name, but we both pay mortgage (it's in both of our names). I have 4 children that also said that they are fed up with him also. I just don't know how or where to begin, and we all want him out (I'll admit i'm scared of confronting him about this, so if there's a way to avoid it i would)

The questions I have in my mind right now are:
What will happen to me and my 4 children and more importantly my house (I don't work a stable job anymore unfortunately)
How to remove him without causing trouble.

Any advice is will be greatly appreciated and thank you in advance.

File for divorce and a legal separation (if an option in your unnamed state) and seek the house in the settlement. Don't expect to convince a court to simply give him the boot without good cause. Not "wanting" him there is NOT good cause.

And, there will be a confrontation. As part of the divorce process he will have to be served with the court papers, and he may well be living with you at that time. he may decide to move out on his own, or, he may decide to dig in his heels and say, "You want out, there's the door!" Depending on the ages of the children and the circumstances, there is a possibility that HE may be permitted to stay with the children and YOU might be asked to move out.

I would recommend you consult a good divorce attorney before you find yourself in over your head.

 

[Proserpina]

File for divorce and a legal separation (if an option in your unnamed state) and seek the house in the settlement. Don't expect to convince a court to simply give him the boot without good cause. Not "wanting" him there is NOT good cause.

"Exclusive use of the marital home which happens to belong solely to me, and my children", is cause good enough to be quoted here time and time again - and by those with JDs, no less.

And, there will be a confrontation. As part of the divorce process he will have to be served with the court papers, and he may well be living with you at that time. he may decide to move out on his own, or, he may decide to dig in his heels and say, "You want out, there's the door!" Depending on the ages of the children and the circumstances, there is a possibility that HE may be permitted to stay with the children and YOU might be asked to move out.

I would recommend you consult a good divorce attorney before you find yourself in over your head.

Consulting an attorney is always a good idea.

 

[BL]

"Exclusive use of the marital home which happens to belong solely to me, and my children", is cause good enough to be quoted here time and time again - and by those with JDs, no less.



Consulting an attorney is always a good idea.

Have another JD . Are you personally able to tell?

I'm calling you out now , for law ,not arguments . Nothing personal , but just your tone.

They are both on the mortgage ,which means he's paying as well. . You want it done n Over split it all.Martital Assets.

 

[CdwJava]

"Exclusive use of the marital home which happens to belong solely to me, and my children", is cause good enough to be quoted here time and time again - and by those with JDs, no less.

Odd, then, that so many people seem to have trouble simply booting the other party out of the marital home. I suspect it is a matter of who files first, and then the issue can be finalized later in court. But, I deal with divorcing couples living under the same roof with some frequency. In this economy it is not always possible for one party or the other to take up a separate residence. So, they remain in a fractious and potentially volatile environment until they go before a judge who will render decision on separation and/or divorce. Clearly, the "I want him out" argument is not so compelling, or we wouldn't be having to deal with these issues.

 

[BL]

Odd, then, that so many people seem to have trouble simply booting the other party out of the marital home. I suspect it is a matter of who files first, and then the issue can be finalized later in court. But, I deal with divorcing couples living under the same roof with some frequency. In this economy it is not always possible for one party or the other to take up a separate residence. So, they remain in a fractious and potentially volatile environment until they go before a judge who will render decision on separation and/or divorce. Clearly, the "I want him out" argument is not so compelling, or we wouldn't be having to deal with these issues.

Exactly . That's a point. But we are yet to know if the children are theirs together ,or the poster is just pi**y and calls them mine ?

My husband and I honestly don't love each other anymore and I'm getting fed up with his BS. To be brief I want to kick him out of the house.

 

[Proserpina]

Odd, then, that so many people seem to have trouble simply booting the other party out of the marital home.

We both know it's a little more complex than burning the underwear on the lawn and changing the locks the second the other party leaves for work.

I suspect it is a matter of who files first, and then the issue can be finalized later in court.

Unfortunately, that's exactly what does happen. The spouse who files first and requests exclusive use stands a better chance of not being the one court ordered to leave in a situation like this.

But, I deal with divorcing couples living under the same roof with some frequency. In this economy it is not always possible for one party or the other to take up a separate residence. So, they remain in a fractious and potentially volatile environment until they go before a judge who will render decision on separation and/or divorce. Clearly, the "I want him out" argument is not so compelling, or we wouldn't be having to deal with these issues.

Get two idiots intent on making life hellish for each other, and you're going to have friction. And just as clearly, if folk were just a bit more level-headed about things, and we wouldn't need to have this discussion at all.

I'm truly surprised to be perfectly honest. One of the loudest "general party lines" on this forum involves this exact situation. Over and over and over, the poster is told that s/he cannot just kick the other spouse out to the kerb - they need to file for divorce and request exclusive use of the home then all will be well until divvying up the assets and deciding on custody.

 

[Ohiogal]

"Exclusive use of the marital home which happens to belong solely to me, and my children", is cause good enough to be quoted here time and time again - and by those with JDs, no less.



Consulting an attorney is always a good idea.

It is not 100% a guarantee that she will get exclusive use. Probable but not completely definite. Depends on a lot of factors.