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I have a question. I live in a home that is in my husbands name. If I file for divorce and he refuses to sell and would rather have it taken (foreclosed) can I do anything to take ownership since he is an alcoholic? Anyone had this issue?
My husband uses financial control over me, just wondering what you think.
You need to talk to someone in person about this.....it is too complicated of an issue to expect and answer from an alanon message board.....talk to a real estate agent in your community, and they will be happy to point you to the proper channels.....
Wow good question. But I agree with Shelbell, so many things vary from state to state.
In Oregon things are just half his, half yours if you are married. But if he signed a contract for a visa card and you didn't you are not responsible for it.
Or his or her medical bills, we are not responsible for them unless we signed for them.
I really doubt basing it on him being A will be any help.
There is a service called Lawyers referral. They will set you up with an attorney for free or a reduced cost like $35 the first visit. Usually they are really kind and help as much as they can.
I am glad you asked!! That's why we are here. Keep coming back. love,debilyn
I sort of had this same situation when I filed for divorce three years ago.
As people have said, laws vary from state to state, however, there are some commonalilites...
Here is some stuff my lawyer taught me...
If the house was just in his name and he had it before the marriage BUT you worked during the marriage, you may have a claim in the equity of the home as the law would have considered you as having contributed. It does not matter WHO paid the house payment, if you worked, then your money contributed to the household finances which allowed him to MAKE the house payment.
If this same scenario occurred and you never worked, you may still have a claim, as since you cooked and cleaned and contributed "sweat equity" to the marriage, this allowed him to save money and make the house payment.
If the house was purchased DURING the marriage then you legally own half of the house, no matter whose name it is in. my husband did that too...keeping my name off of the house, thinking it would work to control and threaten me. My lawyer says it does not matter WHOSE name the house is in (except when it comes to whose credit will be ruined in a foreclosure), if it was purchased after the marraige, then you both have equal ownership in it.
This is a very very tricky situation. See a lawyer IMMEDIATELY. All of this stuff takes time to figure out from a legal standpoint and once the house goes into foreclosure there is little you can do. Then the bank sort of "owns" it again. This may come back to haunt your husband, if the bank forecloses and they sell it and can't sell it for what is still owed on it, then the rest of the loan will go on your HUSBAND'S credit only! You may point this out to him, that he may be only hurting himself to let the back foreclose.
If you can arrange with the bank to pay the house payment yourself, while you get this figured out, I suggest you do so.
See a lawyer. I know what you are going through, my husband tries to control me financially to, it is hard, but laws are in place to make sure that wives are given their fair share.
I am going through this process right now, with my A wife; only I own the property prior to our marriage. she will be entitled to 1/2 the equity since the marriage began. no more, no less. as others have pointed out, laws vary state to state, and truly, you should be consulting an attorney ----- there are good attorneys out there, get referrals, that will charge a minimal or no consultation. This is a professional matter, get professional advice. If you don't, I personally think you will be harming your own case/rights to community property.
yours in recovery cj
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time to stop going to the hardware store to buy bread.
I believe it depends on the state and it's laws, usually a wife is entitled to half of everything, unless he inherited the house then its his. but like everyone else suggested u need to take advantage of your 1/2 freee info from a rep l lawyer and real estate agent. good luck Louise
Actually I was in this very same situation. You would have to go to court and have the judge order that you be the responsible party solely. Artygirl had to do this. In my case he held it over my head but in reality he needed the money more than me and the fact is that he can't sell without your signature either.
