I am going to file for divorce, my problem is he has long hx. of drug abuse, i dont wont him gettin g the house or making me sell house in divorce, we would lose money on a sale anyway.
we were seperated and he came a yr. now since then he moved his disabled child in here and the mother still has legal custody of her. how can i make them both leave my house, the mother may take the child back. but he thinks he can make leave the house now and he stays.
we are both out of work, my brother is making house payment for me right now, its in my name.
i just wont him and her out now. i wont to keep my house in divorce.
how can i do this??
Family Law Attorney
Your post deals with separate issues. First, a huge problem in the Family Court, is how to make the other person leave the home. Generally, the answer is that you cannot. The problem with that is that the Family Court cannot address any marital issues between the two of you unless you have separated. Now, if he is continuing to have drug problems, you could pursue a divorce on habitual drunkenness, file while you are still living together, have him served, and have the Judge decide who gets to live in the house on a temporary basis. Though this is legally possible, I have never had a client do it out of concerns for their safety once the spouse is served with pleadings containing those kinds of allegations. Nevertheless, this is an option. I believe it is imperative that the other party can be shown to still be using drugs for a Court to take the step of ordering the other party out of the house immediately and involuntarily, though this may vary from Judge to Judge. You should speak with a local attorney in your area and try to determine what the judge(s) most likely to hear your case have done historically in this situation.
As for the house itself, if there is no equity in the home, then the Court is unlikely to order it sold. Someone will receive the house and that person should not have to pay the other party anything for it if there is no equity. You very well could be allowed to keep your home and not pay your spouse anything. Then again, the shoe might be on the other foot in the end.