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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102346
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can my husband of 10 years whose name is ***** ***** my mortgage

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Can my husband of 10 years whose name is ***** ***** my mortgage who lives on my property but only contributed towards mortgage the last 19 months since i retired and i still pay half the mortgage he pays a quarter and my son another have rights to live in the home while a divorce is filed can I have him evicted
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; (B) You may or may not see a timer on the question. The site is doing some testing, but do not worry, this timer should not get in our way. The question may be answered sooner than the timer ends, or a little after. The timer may reset or it may not. Point is - I will try and make it work for our conversation; and(C) For the sake of clarity I may break my replies into several parts, so there may be a slight delay between your follow ups and my replies. Ergo, until you see me saying "I am ready to be rated," that means I am still working with you and we have not finished yet.I am sorry to hear about this situation. Technically, they are tenant at sufferance and can be evicted if they do not move out after notice. A tenancy at sufferance is one who has no right to occupy the premises, but is tolorated by the landlord and may be terminated at the will of the landlord. However, this default landlord/tenant doctrine is overridden by the divorce. In it, the property is considered marital property unless one can show that the property was purchased prior to marriage. If so, then the family court may allow you to ask him to leave. However, until/unless the family court states so, the spouse can block any attempted eviction in eviction court and defer the matter to family court, arguing that the family court may see this as a marital property and they have a right to be there. So one wants to go to family court - not eviction court - and get via motion an order confirming that this is separate property, and if so, can ask the family court to order him to leave (the family court can do this, so there would be no need to go to eviction court if the family court grants the motion).Good luck.Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct.. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.