My husband owns the house, wants a divorce, rent the house and force me out. I don't have money to move can he do this? Illinois

Asked 6 months ago - Chicago, IL

We have been married 4+ years but lived together for 10. I pay all bills and as far as his mortgage payment $1700 - He pays $650 and I pay $1050. He only collects Social Security and I make only enough to cover all expenses. He takes the $400 left from his Social Security to go out drinking and there is no money left. I told him that I can no longer contribute to his mortgage but would pay all other expenses in order to save money to move out. We had a bankrupcy and I have to leave 2 months deposit. He is giving me nothing but the my clothes. He said he will rent out the house file for divorce and evict me. I need a few months to save the money.

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . You have as much right to live in the house as your husband does. You need a lawyer. You do not have to move out unless there is a court order to do so.

  2. Gary L. Schlesinger

    Contributor Level 20

    4

    Lawyers agree

    Answered . go hire a lawyer. give that person all the facts. when the house was purchased, by whom, who shopped for it, from where the money came, who has paid for it since are all important facts. do not post them here. the house may be a marital asset.

    do not move out other than to protect your safety.

    go see a lawyer now.

  3. Jan R. Kowalski

    Pro

    Contributor Level 8

    4

    Lawyers agree

    Answered . One of you has to file for divorce. The title to the real estate is not controlling. Depending on a number of factors, the house may be marital or nonmarital. You need to see a lawyer. Don't move out until you see a lawyer. Generally speaking, barring spousal abuse, if you continue to reside together during the dissolution process, that will facilitate the resolution of the divorce.

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