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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117438
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hi Im Paulette I married my husband in 2006, he wasnt legal

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Hi I'm Paulette
I married my husband in 2006, he wasn't legal at the time. In 2007 we bought a house and they put his name on the title although he wasn't legal. The money borrowed for down payment is still outstanding. I filed for him soon after we got married, he got his green card in march of 2011 and moved out in June of the same year. Now he has sent me a summons for dissolution of marriage, how should I go about this? I want the divorce, but does he have rights to house? There are no kids between us. Thanks for your reply
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Unfortunately, even though he was not legal at the time, you do not have to be a citizen to own property. Thus, by putting his name on the title means he can be considered owner of the house. If the house was purchased during marriage it is presumed to be marital property and it will have to be divided as part of the divorce and it is up to the two of you or the court if you cannot agree as to how the house is divided and who gets the house. However, he does have rights to a share of the house or to at least receive some monetary compensation to buy out his share of the house.

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Customer: replied 4 years ago.

Thanks for that info. So now what do I do with the summons, there are 2 dates on there that I do not understand, the return date and the case management date.

Thank you for your response.

You file an appearance form before the return date and then you have 30 days to file an answer from the return date. Here is the CT Answer and Appearance Form. The return date is the date the court uses for the official start date of the divorce. The case management date is at least 90 days from the return date and it is the date the parties appear in court for the court to determine if the parties have agreed on the divorce terms or if the divorce is contested and then they will set scheduling deadlines for motions and discovery so the case can proceed.
Customer: replied 4 years ago.

Thanks for your response , do you think I need to use an Atty? I can't afford one.

Whether or not you need an attorney depends on several factors. First, if you are comfortable filling out the forms on the CT website I gave you. Second, if you are comfortable going to court and speaking to the judge. Finally, if you agree on most or all of the major issues in the settlement of the marital property.

If you meet all three, then you could do this without an attorney. However, if the divorce is going to be emotional or you disagree with major property issues, then you need to try to use an attorney if at all possible.
Customer: replied 4 years ago.

What is usually the price range and is it possible to get referrals in my area, that is, an Atty

Thank you for your response.

I must apologize the site rules forbid me from making personal referrals, the best I can do is give you the same sites used by other attorneys to find a family law attorney near you,, or

The cost of representation can range anywhere from $1500 for a simple and uncontested divorce with no real disputes over property to $5000 or more if the divorce is contested and they have complex property issues.
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