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legalgems, Lawyer
Category: Legal
Satisfied Customers: 9904
Experience:  Just Answer consultant at Self employed
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My spouse and I divorced on June 7 2016. It was final.

Customer Question

My spouse and I divorced on June 7 2016. It was final. Unfortunately I filed for the divorce, as we got closer to the date, decided I didn't want the divorce, but went through with it. I never moved out of the house, still live in the same house with our children. He and I still share a bedroom, in the same bed and run our lives as a family. The day of the divorce and the moments, hours, weeks after both had said we never wanted the divorce and made an agreement for me to remain in the house with him in and our family. We talked about vacating the divorce or keeping working toward some sort of reset together. As the past four months have transpired, I was under the impression that we were working towards reconciliation. We've taken a family vacation together, attended children's activities as a family ext. At times we still refer to each other as husband/wife. A week after the divorce he refinanced the house into his name and we were each give about $6000. in equity proceeds. The house is legally titled to him and he has paid the mortgage. I continue to contribute financially to other household finances. The divorce decree awarded me 30% of his Air Force Retirement. I never activated it because I was under the impression that we were trying to work towards reconciliation. So in essence $645 a month has not been "claimed". The way I see it , it's was more or less my contribution to the some of the household needs as monies that was designated to me, but actually given. This background is leading up to a few specific questions. Now, more than four months later, I still reside in the house, accept he's decided that he does now want to move on and has asked me to move out. No, I still do not want the divorce and would really like to work on it. Nonetheless, he as a right to no want the same thing. My direct question are this...
Do I have any legal rights to the house or the right to reside here with my children at this point? That's my first priority. Since I am living here, do have legal right to authorize maintenance on the house (minor plumbing work)? Finally, is it common for former military spouses to go back to court to ask for an increase of the military retirement.
Submitted: 9 months ago.
Category: Legal
Expert:  legalgems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 9 months ago.

I am very sorry to hear that things did not work out as you had hoped. The divorce decree sold still be controlling as the decree determined the parties rights and obligations concerning marital assets and debt. One would have a right to the house as a tenant, not as an owner, meaning that the formal legal notices would be required i.e. notice to vacate. Generally it is a 30 day notice for what is essentially an implied oral lease. Only the owner may authorize repairs to the house unless the parties have a contrary arrangement. The court will not reconsider issues that were addressed during the divorce process unless there is a reason i.e. if one party did not fully disclose assets for example.

Kindly rate positively if no further questions. Please post follow up questions here!

Expert:  legalgems replied 9 months ago.

.Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.