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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  J.D. degree, 15 years practice
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me and my husband i been married 5yrs...i caught him cheating

Customer Question

me and my husband i been married 5yrs...i caught him cheating and now hes threaten to throw me and the kids out the house...when i meet him he was renting the house 4 months before we meet...the house was abandoned 3yrs before he moved in so it need alot of work..basicly unlivable for a human ..so i offerd to allow him to move in my apt with me and my 2 kids denised which was 1 yrs old at the time and jalane was 2 yrs old ...deniesia is now 6rs old and jalan is 7yrs...so we got married 6months after we meet..and after we married my income changed so we had to leave ..it was assistance housing...so we had no choice to move into the house ..after being ther 3 month i was spending tons of money falling in debt...so @ this point i asked him to contact the owner to see if she would sell the house..thankful she agreed ..we paid the house off 12/8/2009..could he throw us out on the streets?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  dkennedy replied 4 years ago.

Hello,

 

I would like to help you with this, but I need some clarification.

 

Do you own the house outright?

 

Is it in your name only or your husbands only?

 

Or do you mean you are renting?

Customer: replied 4 years ago.
yes we own the house..we bought it on 12/8/2009....he has the deed and stated he will not change it over out the previous owner name until we go to court..for the order protection i put against ..we go to court 1/6/2010....he have been removed from the house until the court date ..prior to that he have been gone 2 months..im filing for divorce at the court hearing ...no were not renting ..he was renting before i meet him with the option to buy..we have been living here 5 yrs..he was renting 4 months before he meet me..
Expert:  dkennedy replied 4 years ago.

Hello,

 

Since you bought the house during the marriage, it doesn't matter whose name is XXXXX XXXXX deed or who paid the money. It belongs to both of you as marital property. He cannot throw you out in the street. The court will decide during the divorce, who gets the house and whether the other party gets paid his or her part of the value of the house. Usually, but not always, if a person has custody of the children, they get to stay in the house.

 

Be sure to discuss all this with your divorce attorney to be fully informed about all your personal circumstances.

dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience: J.D. degree, 15 years practice
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dkennedy
dkennedy
Criminal Lawyer
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J.D. degree, 15 years practice