My wife filed for divorce. The house we live in with our children is in her name as a married woman and in her aunt's name as a married woman. We bought the house while we were married. She's threatening to kick me out of the house. Can she do that? Am I not entitled to it at all? I was hoping we could sell the house and split the money. Her aunt most likely would be okay with this since she doesn't pay the mortgage at all and the house is really for me and my wife and our kids. My wife went and got the locks to our mailbox changed because she said it's her house only and she can do whatever she wants. Now, I can't even check the mail. I don't want to leave the house. Please help.
If the house was purchased during the marriage, it would be considered a marital asset. I suggest you meet with an attorney as soon as possible to discuss your rights and potential outcomes of your case.
You should consult an attorney regarding your individual situation because every case is different. The answer I provided is based on limited facts, and should not be construed as an attorney-client relationship. If you would like to set up a consultation, please call our offices at (407) 894-1122.
Well, you need a lawyer, period. Look at websites and make some calls. Many of us that work in your area offer FREE consultation - take advantage. As for the house - maybe is best answer at this time to your question about entitlement to portion.
The house is a marital asset. But that does not automatically mean that it must be sold and the proceeds divided. You are entitled to one half of the net value of the marital estate. A lawyer needs to explain what that means. And, at some time, the two of you will not be living together, so plans need to be made.
You really should at least meet with a lawyer so he can tell you what your rights and obligations are in a divorce. Most of the time we find that our clients' assumptions are either wrong or incomplete.
Can she? She can try at least to temporarily get exclusive use and possession of the house until it is determined who gets what. Her aunts interest is protected and is not part of your divorce. Your interest lies in your wifes percent interest in the home.
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