Can he legally sell the house?
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Can he legally sell the house?
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*I'm asking this on behalf of someone else who needs advice. If it makes a difference, this is in Canada.
My bf's mom and dad have been having marital troubles. The husband moved out once and left them already, and threatened to stop supplying money for groceries, quit making car payments and sell the home. He left voluntarily, by the way. He works, she doesn't because she had an accident a few years ago leaving her having trouble walking and panic / anxiety attacks at the drop of a hat. About a month ago he moved back in because he didn't enjoy not having cash to spend whenever he wanted since it was going toward his kids and rent. He couldn't handle the single life, basically.
Now he's moving out again the end of this month. He said to her "I'm leaving. Don't bother getting the pool or anything set up and don't bother gardening. You won't be able to keep the house or the car so you either sell it or it all goes to hell. The kids can live with you, I'm done".
Now, if I'm not mistaken - if he voluntarily leaves and they divorce or whatever, wouldn't he have to pay alimony and child support on top of that ? So then wouldn't she be able to keep the home ? It's not a large home - 3br 2ba and it's only a 1 story home. What options does she have ? Her oldest son is 18 so child support wouldn't go toward him, but she has also has a 15yr old.
Additional Details
the home is in both of their names.
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Barb Outhere
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Firstly, as marital property NEITHER PARTY can sell the house without the permission of the other REGARDLESS of who's name is on the title - one or both.
The woman/wife in question needs to seek legal help immediately, determining what she is entitled to, so threats like these are not going to worry her. Most places offer a Legal Aid Service for free, or on a sliding scale of what she can afford, for those in her position.
She should also see Social Security/Welfare as to what she's entitled to, if he's threatening to abandon all his responsibilities to his family. |
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Lizzie
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In the U.S. the house when sold would have to have both of them sign for it, and the money would be divided evenly between them. The courts according to what state they live in would decide on child support and alimony payments. This would be decided on what the laws of their state are. States vary in their laws, child support would have to be paid for the fifteen year old, no matter which parent he/she lives with. She will have to call a lawyer or legal aid to get advice for her situation and states laws. |
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♥Tweety♥
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Yes he would have to pay alimony and child support .And the only way for her to get alimony is from a divorce..So if that is her plans she needs to file asap before the house goes onto foreclosure.And in the mean time if he is not living there she can file for child support now she does not have to wait until the divorce . |
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knowitall
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In the US she could sue him for abandonment. If the house is in his name only he can sell without her permission. |
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ladystang
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if in his name only yes.
if not, no
she needs to get a lawyer or she will be homeless if he quits paying, no matter whose name |
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frosty62
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Well I'm no expert but my thinking is she should have a restraining order served. That will prevent anything from being sold until there is a separation agreement. There will be child support and alimony. The house is going to have different variables depending on how long they have lived there and how he happens to own it. There could be a forced division of the home or she could possibly have to move if it's sold. |
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