I signed a quit claim deed when we purchased the home. I also have no job as I am a full time student. I have no money to move and he won't give me any money to move. He won't let me have access to our vehicles so I can't even go look for a job with no money or transportation.
That certainly doesn't sound fair does it? Often when a divorce is started, one of the spouses seeks temporary orders. Temporary orders often address who lives in the house, who pays who how much, and other issues like access to a vehicle. It sounds like you'll need temporary orders to address these and other issues perhaps. An attorney can help. Seek some free consultations.
In short, borrow some money from family or friends, and turn the tables on him and file the Petition of dissolution. The you file a motion for temporary orders asking for maintenance until such time as you can get a job -- be aggressive and don't let him bully you. Te only reason he has the upper hand right now is because he has money and you don;t -- you need to level the playing field and start a war chest. Once he knows you will fight back, things will change dramatically.
If the house is in your husband's name and you signed the quit claim deed, then, unfortunately, he has the legal right to have you move out. You indicate he will not allow you access to the vehicles, but you do not indicate if those vehicles are yours or his. There is alot more information that is needed here in order to determine what interest you have in any of the property. You need to speak with a family law attorney in private. Further posting of information over the internet is not a good idea. Many attorneys, including myself, offer free initial consultations.
The judges do not really care whose names is on the title to the house. Spouses sign quit claim deeds in favor of the other spouses for a variety of reasons that do not implicate property rights between the spouses.
In any case, the court has the authority to divide in a just and equitable manner all properties and debts in a dissolution of marriage.
The court has the authority to decide which spouse has access to the marital house and other properties while the dissolution is pending.
What you should do is review the specific facts with your attorney to see what your legal options may be.
I'm so very sorry you have to go through this. Unfortunately, he's using the power he thinks he has to get his way. Often people have their own ideas of what the law requires and what they need to do to assert their rights in a divorce case. I'll give you some basic information and then some resources you should use to protect your rights.
First, he can do anything, but this does not mean that it is legal or that you have to go along with what he says. You don’t have to leave the house if you don't want to. You've lived there and he would need to try and evict you or otherwise take action with the court to try and get you out. Even as a tenant or roommate this would be required. Sometimes, though, a party will not do it properly and just change the locks and put your stuff on the sidewalk. He may try any of these things, but you do not have to put up with it. The above is true whether you "own" the house or not.
Now, for the divorce issues.
1. If the house was purchased during the marriage, it is arguably community property regardless of the name(s) on the title. This is true for anything you acquired during the marriage, including cars. Exceptions include property that was inherited or the result of assets brought into the marriage (rents, separate income, sale of separate property) if kept separate. The court can determine whether it is community or separate property in the divorce case and make an appropriate division in the final papers.
2. You are both entitled to use and control your marital assets, including cars, bank accounts and the home. The hard part is sometimes if your name isn't on the registration for the car and you take/use it, he could call it in stolen and cause problems for you. If your name is on the registration, take, keep and use it. If not, be careful.
3. Your best course of action when faced with the threats he's making is to file yourself. This sounds daunting, but it can be very easy. When you file in Spokane County, the court issues an automatic temporary order that prohibits either party from harassing or disturbing the peace of the other (like kicking out of home, leaving stuff on sidewalk, not allowing use of cars). It also prohibits either party for selling or transferring assets or cancelling insurance. This is effective on him once he’s served.
4. You will need to prepare a Summons and Petition for Dissolution. The forms are at the link below and instructions are also available. You can also purchase form packets at the Spokane County Bar Association at the courthouse. You will also need to complete a Motion to Waive Filing Fee. This is used to reduce the $290 filing fee to something more manageable, like $50. The form is available in the court clerk’s office or online at the Spokane County link below.
5. The Family Law Court Facilitator is available to help you fill out the forms, answer your questions and generally help you navigate the process. She is not an attorney, but her job is to help people without an attorney. I’ve included a link below with information about her services. It is first come, first served and your first visit is free. Then it's $10-$25.
6. You can also prepare, file and schedule a motion for Temporary Orders, which can ask the court to temporarily deal with issues like who stays in the home, uses what car, pays what bills and whether he pays you spousal support, or maintenance.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.
Written by attorney Edwin Castellanos
Identifying and dividing complex marital assets is a tremendous challenge in a high asset divorce. While most spouses tend to settle their property disputes, things can get pretty dicey... more
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