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Can my wife kick me out of our house that we own together even though her name is the only name on the mortgag?
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Can my wife kick me out of our house that we own together even though her name is the only name on the mortgag?

I live in DC and my wife just stated she wanted a divorce because she's not getting the partnership in the relationship that she wants I.E. cooking, cleaning, etc. Can she kick me out of our house that we own together even though her name is the only name on the deed to the property?







josaphine_hope
Rating
I'm not sure how things work in DC, but in my home state - so long as the property was purchased during the time you were married, it is considered marital residence. You can legally live there so long as you are still married. I know this from experience because my rotten ex-husband did it to me. My advice to you is that if you can't move out at this point, put some money away and move out in a few weeks. You will make the divorce a lot more civil if you do that rather than force her to co-habitate with you for the duration of the proceedings.


farmerswife
If her's is the only name on the deed and the mortgage, than, no you don't own it together, she owns it.


Marilyn
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you have established residence she cant just kick you she'd have to go to court and make sure you prove you contributed to paying the mortgage, you're her husband not her 'guest'.


thomas
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chances are that even though she owns the house that just like a land lord if you don't choose to leave on your own that she would have to legally have you evicted and if she is the only one on the deed YOU DO DO NOT OWN THAT HOUSE TOGETHER NO MATTER HOW YOU ARE TRYING TO LOOK AT IT. but good luck my friend.


marypoppins
Rating
no. it's a marital asset. but i wouldnt make it uncomfortable for your kids either. leave and or stay and help out.


KingAndrew III
She can request you move out, it will be up to the divorce judge to make the decision on what to do with property acquired during the marriage.


bandaid_46
Rating
If you have been living in the house and not helping out, it seems fair to me. She did not marry you to end up being your live-in maid. I don't know what the law says, but if you aren't invested enough in this marriage to give her a hand without complaining, you deserve to be kicked to the curb.


Ryde_On
Nope, no more than you could throw her out . You should try a trick the chicks use all the time and have a restraining order filed against her for the threats she has been making and all those times she has hit you. Paper work aside ,, you likely own 1/2 that house.


Connor
She can't just evict you. You live there and you have contributed to the household. So no she can't just up and ask you to leave. She has to give you a notice so that you have ample time to find a place to live. In some states it's seven days and in some states it's as much as thirty days. Get a lawyer. Since she wants to kick you out, your lawyer needs to make sure you don't end up paying alimony payments to her post-marriage. It's probably good that your name isn't on the deed as you'd end up paying for the house after the divorce and possibly not be living in it. answer mine? http://answers.yahoo.com/question/index;_ylt=AletrA8xVybZ_S_6eJXkjbcH53NG;_ylv=3?qid=20101229085945AATrdZM


zeesh
No she cannot legally kick you out of matrimonial home.


CindyLu
Sorry sir but if her name is the only one on the deed, then it is her house and she has every right to kick you out. Maybe you can claim something from the house in any divorce settlement but I don't think you are gonna be able to get anything because it is her house. You should have done a little more to make the partnership work like doing some cooking, cleaning, ect. Learn the lesson.


ladybug
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I believe she can but get in touch with a lawyer or attorney right away.


suzanne g
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If her name is the only one on the mortgage, SHE OWNS THE HOUSE. Maybe you should be a better partner if you plan to keep on living there. In saying this, I am assuming that you both have paying jobs and you expect everything in the house to "woman's work". The good old days of the man who is waited on hand and foot because he brings home the money are gone and good riddance!


latoyka_m
it depends! If the house was brought during the marriage then no! But if it was brought before then yes!. But if u get a nice judge the house is legally hers u just incested in it and u can get money back from putting it in that hose


Nunya B
I dont think she can since you are maried. Police will not deal with that as it is a domestic issue. BUt why stay if she doesnt want you there? Sounds like she will file for divorce either way.


Dear Jane...
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Dang straight and it sounds like she's got a good reason to. So stop thinking that things are a "woman's work". My spouse would tell you that when he learned not to push off everything on me all the time is when things started working out for him (and us). You can STILL fix things the way I see it...nothing has been filed yet.


Michelle S
Rating
It depends on the laws in DC, they vary by state. Your best bet would be to consult a divorce lawyer now. You may be able to find legal help for people with low income if money is an issue.


Chris
Depends on the State. Kentucky has a rule where no matter who owns it, i.e house, car whatever, it's considered that BOTH people own it legally reglardless of who's on deed or title..however in Tennessee, it's whoever is on the lease, titled or deed. If you lived in Tennesse, she could kick you out. You really just have to look up your states district laws.


M
Rating
Talk to a lawyer about this. If you are married, you have the legal right to be there (check out DC law)


Dreamweaver back for more
Rating
Yep. Unless you are on the deed or mortgage, you dont own the house together.







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