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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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My divorce decree states that I get to live in the house and

Resolved Question:

My divorce decree states that I get to live in the house and have everything in it. The house will be sold at a time when we both agree. He left the home 2 years ago and I can prove I have been paying the mortgage on my own for the last 14 months. He now wants me to move out so he can have the house (and the equity) or sell. Can he force me to do either one of these things if it is not in my financial best interest or the best interest of my children? We have owned the house for eight years.
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.

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Customer: replied 6 years ago.
Expert:  Tina replied 6 years ago.
Thank you.

If the court's order states that the home is awarded to you, then typically he would not have a leg to stand on in trying to take it from you or even live there.

Unless he is able to convince the court to modify the final order, which is extremely unlikely, he would normally have no basis for asserting a claim to the home based on the facts you have provided.

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Customer: replied 6 years ago.
The house is still in both of our names. Divorce decree states I will live there. Is that the same thing as being awarded the home? Can he force the sale of the house if I don't agree?
Expert:  Tina replied 6 years ago.
If the decree states that you must agree to the sale of the house, then that is controlling and he cannot force you to sell typically. If you divide the proceeds from the sale of the home, then it was not awarded to you.

If the court's order indicates you and the children may live in the home until it is sold, then normally you can exclude your ex since the court would not normally expect you to live together following a divorce.

All the best to you.

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