We were married at the time of the purchase of the home. My name is not on the mortgage deed. I plan to move out when I am financially able. What should I do, can I remain in the house.
Your question "what should I do" requires a careful analysis of all the facts and is not readily answerable here. The house is likely marital property subject to equitable distribution and it may be difficult for him to throw you out. But on the other hand there may be reasons, like obtaining spousal support, to move out. You should discuss the specifics of your case with a family law attorney to decide on an overally strategy which will suit you best.
As an equitable home share owner you acquired the home during the marriage so unless it was a gift or inheritance. Therefore you have the same right to possess as does he. You should consult an attorney immediately because your husband can sell the property, take that money, and not share it with you. The practical effect would leave you not only homeless but without any sale proceeds and no almost no practical recourse since all the money will most probably be impossible to find. Make sure you the attorney you speak with is experienced and knowledgeable about courthouse you will be filing at.
Answers to this question are for general purposes only and do not establish an attorney-client relationship
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