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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36233
Experience:  Attorney with 16 years experience
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I am a stay at home mom. My husband is filing for divorce

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I am a stay at home mom. My husband is filing for divorce and says he isn't sure whether I can stay with my child in the home until she finishes school. He inherited the home from his grandmother, so I will not seek ownership of the home. I just want to stay here until May when the school year is finished. Should I be able to?
Hello,
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Until the house if formally awarded to ex in the divorce action, then he couldn't force you out. Even though it would be considered his separate property by virtue of the fact that he inherited it, you still have a spousal interest in it due to the marriage. This comes about because if he passed, you would be entitled to inherit some portion of the house. So as long as you are still married, he can't force you out.
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With that said, it would be in your best interests to delay the divorce as long as possible so as to put off a final order and property settlement agreement from being entered. This is of course, unless he agrees in writing that you are allowed to continue to live in the house until the child gets out of school. If one spouse contests everything that is brought up, a divorce can drag on a year or longer before it is finalized. So you could use that as leverage in the divorce by stating you will object to everything to slow down the process if he wouldn't agree to allow you to stay until May.
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Thanks.

Barrister

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