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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband wants a divorce. We still live together in a

Customer Question

My husband wants a divorce. We still live together in a house his mom left him. He said he put his sister and brother on the deed do I can't touch it. I have s copy of the will stating she left him the house. Can he do this? Am I still entitled to part of the house also he's getting a settlement from a bicycle accident that happened a few years ago he told me it was going to be about 20,thousand and he would give me 10% am I not entitled to more we have been married for 15 years ,and lived together for 10 years before marriage. I am ,67 years old , he is ,55 I'm on a fixed income and can't afford to move out. I've looked into low income housing for seniors,but there's long waiting lists. I don't no what to do or where to go. I pay all the bills and he stopped giving money to help pay them. He is also verbally and mentally abusive to me at times. He told me if I don't leave he would have me evicted. I have credit cards due, and it is from all or most of things for him, I don't want my credit ruined,but if he doesn't give me money I can't pay them! He is very determined! I can't work . I have R.A. and emphysema.its hard for me to stand for long periods of time. I'm not on disability! I no I should be but it's such a long process can you please give me some answers.i can't even afford a lawyer.
Submitted: 2 months ago.
Category: Family Law
Expert:  Roger replied 2 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What state are you in?

Customer: replied 2 months ago.
Florida
Expert:  Roger replied 2 months ago.

Ok. Thanks.

Expert:  Roger replied 2 months ago.

If the house is your marital residence, then he should not be able to kick you out short of a court order that requires the same. You can't be evicted from your home (even if you're not on the deed, it's your marital residence). So, this should not be possible -- short of a court order requiring you to vacate as part of the divorce settlement.

Expert:  Roger replied 2 months ago.

As for whether you're entitled to an equitable interest in the house in terms of property division, that depends on whether or not the court believes your husband has commingled the property to make it marital property. Usually, inherited property is separate property and not divisible in the event of a divorce. But, if the spouse commingles the inherited property, it can become marital property.

Customer: replied 2 months ago.
You didn't answer all my questions what about the settlement? And I want to cancel out of this I don't have the money
Expert:  Roger replied 2 months ago.

I apologize if something wasn't addressed, but if you want to cancel, you can close the question. I'll also opt out. Good luck with this.

Customer: replied 2 months ago.
I want to cancel out please