What can I do we have a 12 year old son that what to stay with the house and I want let my husband have my son. My husband mentally abuses us. Someone please HELP....
I am sorry about your situation. I encourage you to consult a lawyer soon about your situation. It is hard to tell what you mean about the house. The deed is the document that reflects your ownership. As such, your statement that the house is "in my name" but his name "is only on the deed" does not make sense. You can sign away your ownership interest in the houst but in most states, even if your name is not on the deed, you still end up with a marital interest in the house until you are divorced. Moreover, if you have borrowed money against the home in your name, you need to pay off that mortgage or get it refinanced in your husbands name, otherwise you remain liable even after you move out. Regarding your minor son, you do not need to concede where he lives in a divorce, although you might reach an agreement with your husband that he should have custody. Such issues, in a divorce proceeding, will be decided based on what is in the best interests of your son. I question whether it would be in the best interests of your son to stay with his father if his father is mentally abusive. Similar considerations would go into who retains the home. Good luck!
If your husband's name is on the deed - then the property is not your name. Rather, it is both of your names.
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