the house is under both of our names, we have a 5 years old son, i can't afford the payments, he wants the house for sure but he want give up any of the properties inside the house, he currently has two roomates making extra money, i m single mom starting from stratch to get things together for me and my son, we sleep on the floor, thats how much im struggling, what chances or what can i ask if he wants the house but not giving up on the other things plus he buying more stuff for the house
Family Law Attorney
You have been through enough. MIf the house was bought during the marriage it is presumed to be community property, as is everything bought during the marriage. That means it belongs as much to you as it does to him.
You REALLY need an attorney to make sure you and your child are protected.
The Judge has a duty to divide the property in a "just and right" manner. However if you have signed any kind of property agreement the judge may sign off on it.
Tell the judge everything you have been through, and that you nd the child have beed forced to sleep on the floor due to him renting out the rooms.
You MUST ASK the judge for everything you want. And consult a local attorney immediately!
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I am sorry that you are going through this. You soudn like you have given up alot for your family, please let the court know this. make a list of all you have done as a mother adn what you have sacrificed, that will be a good start. you have just as much right to the home as he does, take care.
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You are not a "single" mom - you are a "divorcing" mom!
You need to list all community property that needs to be divided!
That includes all real estate as well as "stuff" inside the house - like furniture, linens, pots & pans, appliances, etc.
Of course, I recommend that you hire an attorney to represent you.
The Judge has 3 options - give you the house, give him the house, or order the house sold. There is an outside chance that the Judge will award you the house - but there will need to be assurance that the mortgage will be paid. I agree - contact a lawyer asap to determine your best option.