Seperating with a Home invovled

[Cutiels1125]

What is the name of your state? New Jersey

Three years ago I got married and purchased a home with my husband. The house is under both our names, however, he has cheated and mentally abused me and I want to know how I can proceed. I have since moved into my parents home with our two children. He is living at our home with his parents and sister with her two kids and refuses to leave the house. He wants me to return and continue to endure his abuse and infidelity. I want to know what my rights are? He doesn't want to sell the house and if he doesnt sign to sell nothing can be done. He doesn't want to leave the house either and plus his whole family live there. What can I do? Meanwhile my children and I are living in a room in my parents house uncomfortable while they are living in my house and acting like they have all the rights.

 

[Zigner]

You can't kick the man out of his house.
You can divorce the man with the issue of the house being dealt with through the divorce. You may wish to speak to an attorney.

 

[Cutiels1125]

You can't kick the man out of his house.
You can divorce the man with the issue of the house being dealt with through the divorce. You may wish to speak to an attorney.

I cant kick him out even if he has mentally abused and cheated. And its not only his house its our house. Does he have the right to stay and also have his entire family living there.

 

[Zigner]

I cant kick him out even if he has mentally abused and cheated. And its not only his house its our house. Does he have the right to stay and also have his entire family living there.

He has the same rights as you do. It's your (plural) house, not just yours (singular).

 

[PayrollHRGuy]

I cant kick him out even if he has mentally abused and cheated. And its not only his house its our house. Does he have the right to stay and also have his entire family living there.

No, you can't. You are right it is both of your house that is why you can't kick him out. He has the right to stay until a court says otherwise and he can invite anyone to live there just as you can.

 

[LdiJ]

What is the name of your state? New Jersey

Three years ago I got married and purchased a home with my husband. The house is under both our names, however, he has cheated and mentally abused me and I want to know how I can proceed. I have since moved into my parents home with our two children. He is living at our home with his parents and sister with her two kids and refuses to leave the house. He wants me to return and continue to endure his abuse and infidelity. I want to know what my rights are? He doesn't want to sell the house and if he doesnt sign to sell nothing can be done. He doesn't want to leave the house either and plus his whole family live there. What can I do? Meanwhile my children and I are living in a room in my parents house uncomfortable while they are living in my house and acting like they have all the rights.

You need to file for divorce and ask for exclusive use of the marital home. However, if you are going to do that, then you will have to qualify for a refinance to take his name off the mortgage and to buy out his share of the equity in the home. Since you have only owned the home three years there may not be a lot of equity.

If he wants to keep the home then he would need to be able to do the same thing. If neither of you can do that, then the house needs to be sold.

If you both can afford to refinance to buy the other out, then the judge will have to decide. Right now, Since your husband is housing three generations in the house, his odds are probably greater than yours. However, if you can afford to refinance, then you can afford to buy a new house for yourself as well.

 

[stealth2]

I cant kick him out even if he has mentally abused and cheated. And its not only his house its our house. Does he have the right to stay and also have his entire family living there.

You have as much right to live there as he does. Conversely, he has as much right to do the same as you do. If you choose not to? That's your choice. You *could* move back in - with your (joint) kids and your extended family, too.

You could file for divorce and ask for exclusive use of the home. But until you do so and a judge rules in your favor? You're SOL in terms of forcing him/his family out.

 

[eerelations]

I cant kick him out even if he has mentally abused and cheated. And its not only his house its our house. Does he have the right to stay and also have his entire family living there.

Why can't you just file for divorce and let the judge handle the house issue?