What are my rights if I bought our house before we got married? 34 Answers as of September 06, 2012

I ask my husband to move out but he said that I can't put him out.

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
No, you cannot put him out because you owned it before marriage. The house is the marital residence, and you both have a right to be there until a court says otherwise. To get him out, you will have to file a motion with the court for exclusive use.
Answer Applies to: Ohio
Replied: 9/5/2012
Law Office of Melvin Franke | Melvin Franke
Hire an experienced divorce attorney to get an order pendente lite (PDL) to get him out of the house. You have converted it to marital property.
Answer Applies to: Missouri
Replied: 9/3/2012
Ezim Law Firm | Dean Esposito
You can file a motion with the court and request that you get sole use of it since it is your separate property.
Answer Applies to: Louisiana
Replied: 9/3/2012
Law Offices of Frances Headley | Frances Headley
If you have the ability to keep the house you should seek an order of the court granting you the exclusive temporary use of the home while the action is pending. You should consult a family law attorney or facilitator to help you with the paperwork.
Answer Applies to: California
Replied: 8/31/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If the home has remained solely in your name during the marriage, you have a good argument that it should be awarded to you in a property settlement. However, it appears that it is the marital home and to remove your husband you most likely will need to obtain a court order for your exclusive use of the marital home. Such a motion can be filed on an ex parte basis at the time you file a complaint for divorce.
Answer Applies to: Michigan
Replied: 8/30/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    If the house is your separate property you can ask the court to give you exclusive use and possession of the home and order him out. If the community paid any mortgage payments or repairs or improvements your spouse can seek those monies be given back to the community and he would be entitled to a reimbursement. Also any appreciation during the marriage belongs to the community. You should consult with a family law attorney to discuss.
    Answer Applies to: California
    Replied: 8/30/2012
    Steven Alpers | Steven Alpers
    That should be separate property, but you would have to allege domestic violence to get an immediate to kick him out ay this time.
    Answer Applies to: California
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    If it is your house, you should be able to get a PPO or a restraining order barring him from access to the home.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Victor Varga | Victor Varga
    The home could be considered at least partially marital property, so a basic landlord/tenant relationship does not exist. You need to file for divorce and ask for either a Limited Divorce with use and possession, or an absolute divorce with the same thing.
    Answer Applies to: Maryland
    Replied: 8/29/2012
    ADELMAN & SEIDE, LLP
    ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
    If you file for divorce, you can ask for a kick out order. Not knowing how long you have been married is a problem. You are entitled to, at worst, your down payment and or the equity existing at the date of marriage. Afterwards if community income reduced the principle balance on the mortgage the community earns a very small percentage of ownership, of which you own half.
    Answer Applies to: California
    Replied: 8/29/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    This depends upon a lot of factors you give no detail so its impossible to give an accurate answer.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It is your house. Now the problem is forcing him to move. You will likely need a court order.
    Answer Applies to: Texas
    Replied: 8/29/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    His moving out can be accomplished with a temporary order. Ownership status in that regard is a secondary issue. You'll want before settlement to establish how much of the house equity is separate property vs. community. If you want him out, seek a temporary order getting him out.
    Answer Applies to: Washington
    Replied: 8/29/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    If you purchased your home before you got married, I would presume that it is your name ONLY on the title, mortgage and note. If that is true, you can try to evict him using standard landlord/tenant procedures. No guarantees, but I do think it may be worth your consideration. Good luck.
    Answer Applies to: Florida
    Replied: 8/29/2012
    Danville Law Group | Scott Jordan
    Is your husband on title to the house? If he is not an owner, he has not right to claim to ownership and therefore you can force him to leave.
    Answer Applies to: California
    Replied: 8/29/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In a divorce case your house will be considered your separate property, but any appreciation in value during the marriage will be considered marital property. Your rights can only be defined clearly as a part of the terms of a divorce that is the result of either an agreement with your husband or a decision by the Court. You need to consult an attorney and make a decision about when to file for divorce. Without the assistance of a court, you can't forcibly make him move out.
    Answer Applies to: Colorado
    Replied: 8/29/2012
    Attorney at Law | John P. Rivers
    There is no simple answer to that question in most jurisdictions. Property acquired before marriage generally is not considered to be marital property. However, issues come regarding the increase or decrease in the value of the property, the source of funds used to improve the property, and other matters come into play in determining whether any portion of the interest in the property may be considered as a part of the marital estate subject to equitable division. Also, in most jurisdictions all of the assets of a party are generally subject to a claim for alimony by the other party. You need to consult with a competent and experienced family law attorney regarding these matters.
    Answer Applies to: Georgia
    Replied: 8/29/2012
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    Much depends on whether the house was paid for prior to the marriage, but no, you cannot just put him out of the marital home.
    Answer Applies to: Florida
    Replied: 8/29/2012
    Law Office of Gregory Crain | Gregory Crain
    Give him an eviction notice.
    Answer Applies to: Arkansas
    Replied: 8/29/2012
    Peyton and Associates | Barbara Peyton
    If there has been domestic violence or you are in fear of it, you can file papers with the court in your county to request your husband leave the home. You may need a lawyer for such a request. Even though the home was yours before marriage, if mortgage payments have been made on it during marriage, your husband has an interest in its value and you may owe him some money when the case is finalized.
    Answer Applies to: California
    Replied: 8/29/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    File suit for divorce, and ask the judge to give you exclusive use of the former marital home.
    Answer Applies to: Georgia
    Replied: 8/29/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    File a Motion for Exclusive Possession of the Marital Residence.
    Answer Applies to: Nevada
    Replied: 8/29/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Under Michigan Law it is your property.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    John Russo | John Russo
    Depends on where you live. Here is the deal here in RI. If the house was purchased by you prior to the marriage, and you did not put his name on the deed, or the mortgage then the most he is entitled to is 1/2 of the appreciated value during the marriage. e.g. when you were married house was worth 200k at time of divorce it is worth 210k, then he could be entitled to 5k 1/2 the increase. The court will order two appraisals if you can't agree, retroactive one, and a current one. As far as getting him out unless there is a domestic violence issue it could be a problem until the divorce is over. The attorneys should be able to work something out.
    Answer Applies to: Rhode Island
    Replied: 8/29/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    House is separate if purchased 100 % prior to marriage. If yours but during marriage you paid down mortgage then it's both separate and community.
    Answer Applies to: California
    Replied: 8/29/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Your spouse has an equal right to occupy the premises unless or until a divorce court issues and order to the contrary. You may file a Motion seeking temporary relief to determine occupancy to the residence pending the ultimate resolution of the divorce.
    Answer Applies to: Minnesota
    Replied: 8/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    That will depend on some details. How long were you married, did he contribute during the marriage. Was he put on the title or any loan? Why do you want him out, is there abuse or violence. Have you filed for a divorce or separation? Etc.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    The house is now the marital residence, so my suggestion is after filing for dissolution, to seek an order from the Family Court giving you exclusive use of the home. Alternatively, if there has been domestic violence or you have that fear, you can obtain an order of protection. As part of the dissolution you will need to request that the home be awarded to you as sole and separate property.
    Answer Applies to: Arizona
    Replied: 8/29/2012
    Mary W Craig P.C. | Mary W Craig
    If you owned the house prior to your marriage, your house is your separate property. That, however, is only important in the property distribution. If you two aren't getting along, you have the right to ask him to move out. If he won't go, and he is abusive toward you, then go to the District Attorney and ask for a protection from abuse order.
    Answer Applies to: Alabama
    Replied: 8/29/2012
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