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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I move back into the house that my ex and I own together

Customer Question

Can I move back into the house that my ex and I own together after I had moved out? We are in the middle of getting divorced, no papers have been signed yet. We both own a house together and we verbally agreed that he would refinance the house into his name. However this was a year ago, and he still has not done that. And now he is being neglectful when it comes to the payments of the house and it is effecting my financial status greatly. I need to know if there is any way I can get my name out from under the house, and if not what are my rights when it comes to trying to take it over?
Submitted: 1 year ago.
Category: Family Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

You can not be excluded from the marital home, absent a court order.

Once you work out the final property settlement to be signed off by the judge, if it includes refinancing the house then you can enforce that through the court and he could be held in contempt if he refuses to follow through.

Expert:  Loren replied 1 year ago.

There is not really anything you can do to force it before the final decree.