SurvivingInfidelity.com Forum Archives

We are still in R but when we have had a heated arguments and I've said "if you don't like it, leave" he says no I bought this house before we were married so you'ld have to leave.

Do you think this is true? This scares me to no end! We have three children and I would never leave them!!

I just don't even know how to respond to that. He always says sorry after but it's been said a couple of times.

UGH...any advise?

Honestly, it depends on the state. Lawyer is the only solution. To set your mind at ease and give you some solid footing, please see one. Time to make the arguments "fair".

Not suggesting you look into D at all, but this kind of game is very damaging emotionally.

Strength

ETA If you are truly in R, so is your comment. Work through the problem together!

[This message edited by 5454real at 11:27 AM, July 23rd (Tuesday)]

Whose name is on the title for the house? Who makes the mortgage payments? There are a lot more factors that go into who gets exclusive use of a home (if exclusive use is even granted) than simply who was there first. If you are seriously considering ending things, you need to speak with an attorney to find out what your rights are, and what you need to do.

There may be an option for one of you to buy the other out; there may be benefits or drawbacks to one of you leaving before exclusive use is granted; there may be effects on custody if one of you leaves the children to move out. A lot of it is state specific law.

It's in his sisters name becuase we co-own a townhouse (she on the other side). We have an attachment to the title saying he owns half of the property.
Years ago when we had issues with her and saught a lawyer for property disagreements, he (lawyer) did mention because I didn't sign contract (and we were married) my name shouldbe right next to hers on the title.
All that aside, I know I say mean hurtful things but damn don't mess with my stability! I need to feel safe!! I'm not the one who messed up here~

Sorry, didn't mean to offend. I was questioning whether or not you really wanted him to leave during the arguments. You've got every right to vent and get pissed.

You're right, he caused this.

Simply having only your name on the title to an item does not make it individual property. The spouse named on the title does, however, have the right to manage and control that property. The law requires the titled spouse to treat the nontitled spouse fairly if the item is marital property.

Copied off internet wisbar.org

My WH didn't realize that since we've been married longer than ten years, the house is half his even though it is only my name on the title.

It all depends on the state you are in. My late ex bought the house before we were married but it was put into our trust so when we were getting divorced all the mortgage and improvement payments he made during the our 18 year marriage were community property and he had to buy me out of that amount.

See a lawyer first - you may be able to kick him out because you are the custodial parent. But you need to act before he does. Do it now.