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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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i am married in south carolina but live in north carolina.

Resolved Question:

i am married in south carolina but live in north carolina. the house is in his name and i and my daughter reside in the home. i pay for half of the house note and other bills around the home. does the male spouse have the right to ask me to leave. what are my ownership rights in the home. we have been married for 4 months. thank you for your answer.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
When was the home acquired? Before or after the marriage?

How long have you been living in that property.

Is he also residing in that property?

Thank you.

Customer: replied 9 years ago.
Reply to LawNinvest's Post: the home was acquired prior to the marriage in his name but my name is XXXXX XXXXX on the buyers agreement but his credit is beter than mine so it was put in his name. we moved in thereafter in december of last year and were married september of this year.i have been paying half of the large note with money orders through which my bank provides and i have an account. should i get reciepts from this point on? should i ask the lending bank to provide me with reciepts of my payments?THANKS FOR INPUT
Customer: replied 9 years ago.
yes he also lives here for now.
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your response.

1) If the current deed is on his name only, then this is his sole property, regardless if you are paying on the note or if your name is XXXXX XXXXX loan documents. Further as the property was acquired before the marriage, the property is considered separate property.

2) However you are not without recourse. Since you have been contributing to his sole property, your contributions during the marriage can result in making his separate property into a marital asset, which typically means that you are entitled to a reimbursement of your contributions as investments to his separate property.

3) Your spouse cannot force you out of the family home. Although you are not on the deed, the fact that you have made your residence there give you the right to remain on the property. If he were to want you out, he would need to make the request for a court order in his divorce petition. Absent any orders to move you out, you are under no obligation to move out. It is very common that spouses who have file for divorce continue to live in the same household until the marriage is dissolved. If he were to attempt to force you out, you can contact the police for assistance.

4) Yes, I would recommend that you collect a paper trail of all your contributions towards this house. They will definitely benefit you when you seek a claim for reimbursement in your divorce.

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