He has an interest in the home, if he is on the title. You may want to show the title to a lawyer of your choice to determine the type of interest he has, since there are different types of real property ownership under the law. From what you say right now, if he refuses to leave the home, and you do not want to walk away from it and/or ruin your credit, you may have to file in court a lawsuit called "partition". This means that you are asking the court to enter an order forcing the sale of the property (even if he does not want to). At that time, when you reach the end of the partition suit, the court will appoint someone called a "receiver" who sill sell it for at least what you owe. Your debt will be paid, you won't have a house, but neither will he.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804
Ph.: (407) 649-1404
You have a lot of legal issues going on in this question. You can file a paternity action to determine a parenting plan, time sharing schedule and child support obligation. You can file a partition action to sell the house and split the proceeds, or you can buy him out of his share of the house I hope you hire a good attorney you trust, because you need one.
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You need to get to an attorney to file a paternity petition. That will establish the rights and responsibilities of the parties. Getting him out of the house is another question, perhaps best addressed by the attorney you hire.
I agree with my collegue. You need to do both seperate actions for partition regarding the home and a paternity action for the child.
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You must file the paternity petition but you may have special circumstances regarding the partition of the home if you can prove that you have paid all expenses associated with home and that your finances are not comingled...I would suggest you seek a mediator or experienced family attorney in an attempt to resolve the issue with a Marital Settlement Agreement which would offer you the opportunity to buy him out at an agreed upon sum and maintain the home.
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