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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I bought my house in 2011 my husband is not on the mortgage

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I bought my house in 2011 my husband is not on the mortgage or the deed listed with the county. In fact he is not listed on anything related to the home. I did purchase it while married. But again he is not listed on any single piece of paper. Not even utilities. Does he have any rights to the home? Can I make him leave legally? As in call the cops and they escort him out?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

What was the source of the funds used for the down payment? What is the source of the funds used to pay the mortgage?
Customer: replied 3 years ago.

It was a VA loan thru me. The funds to pay the mortgage come from the VA disability checks I get every 1st of the month.

Did you put any money down when you purchased the property? And if so, where did those funds originate
Customer: replied 3 years ago.

No there was no money down. All fees were paid from my checking account when I received back pay from the VA for my disabilities

Thank you for your replies. I wanted to be certain that I understood the facts before answering.

Unfortunately the law does not make removing your husband as simple as calling the police

The only lawful way to remove an occupant from his residence is with a court order. Since you are married, the procedure to obtain a court order would be to file a petition with the court requesting exclusive occupancy of the marital residence pending divorce or legal separation.

In the event of a divorce, the house would be considered marital property subject to equitable distribution by the court because the mortgage payments have been paid with marital funds. Disability income received during the term of the marriage is considered to be marital property. Since marital property is used to make the payments on the mortgage, the house is considered to be marital property

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
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