Can my husband do this?

Question

Ok so in February this year I found out he was having an affair, we tried to make it work but couldnt stop fighting. To cut the story short, he opted to move out. So far he's paid the mortgage (half of it) and now has told me that after september he wont be paying towards it. He also says that because the house is in both our names that he still has all the say in the house even if he's not paying the mortgage. He's getting a separation - as I dont have the time nor cash for it. We cant get a divorce till we've been separated for 4 years.

I've just started dating and my new man wants to move in. He's even said he'd pay half the mortgage. We're looking at refinancing but now there's a hold on the separation. So I cant even try to remortgage. If my boyfriend moves in I was told that my husband can ask for rent be it any sum he wants, even though my husband is not paying for the mortgage? Is this even right? I've been given all the debt, all the baggage the anger and frustration and I'm getting in more trouble whatever I do? Am going to see another solicitor today but would like to keep my options open. I also have an incriminating email regarding his work with passwords he sent to me. Should I play my last card and give it to his boss? Help please!!!

Answer 1

I think the 4 yr thing is wrong, better check with a lawyer.

Answer 2

if he is moving out then and you he isn't paying the mortgage then you can have your Boyfriend move in and he can't do anything about it. legally its in both your names but your going to pay for it so basically its your house

but you should go see a lawyer

and you don't need to be separated for 4 years

you can file for divorce tomorrow if you wanted too

but you will have to wait like a year for the divorce to be finalized  

Answer 3

Might I suggest moving.  Claim chapter 11 bankruptcy which is a

restructuring of your debt and or leaving him holding the bag.

Lots of options that might interest you.  

Answer 4

What country do you live in that states you have to be separated for 4 years, before you can file for a divorce? I have never heard of such a ridiculous law!!!!

You'll have to explain what you are talking about regarding the incriminating email, before I can advise you on what to do about that.

My advice to you regarding the house would be, talk to your husband and see if he will agree to selling the house and splitting the profits 50/50, with the understanding that he will make half the monthly payments until the house is sold.

You already made one mistake by marrying the wrong man, don't make a second one by jumping into a new relationship and move him into your home. Wait until you have sold your house and you are ready to move into your own place that your husband doesn't own half of before having your boyfriend live with you.

You already have enough problems to deal with, why make things worse for yourself?

Answer 5

4 year's ? what country do you live in ? 12 months is the limit in australia not sure about other countries but 4 year's ? I suggest you seek legal council how old are you ?

His name and your name BOTH appear on the morgage he has absolutely NO choice but to pay half and they will make sure he does .

You were cheating on your husband that much is obvious and your irresponsibility is going to be the ruin of you seek legal advice and stop sugar coating your issue so you come out smelling of roses , the only way you can make any further relationship's work is by 1st being true and honest with yourself if you can not do this then your new relationship is doomed to fail sorry that's just the fact of life .

You get him sacked out of spite you lose your house grow up your new b/f doesnt need the issue your placing him in stop thinking about yourself and start thinking about other's .

Answer 6

Ok. calm down. If his name is on the house then yes, he gets half of the equity and is half owner. If you are the only one residing in the house then YOU have the say as to what happens with it. He moved out on his own free will. He can try to take you to court to get rent from the boyfriend but it is unlikly that the court will honor his case since your name is also on the house. (assuming you live in a no fault state)

I am assuming that the debt is also in both of your names. That is why you are trying to refinance? If you both stop making payments, it reflects on both of your credit reports. So he's pretty much banking on the fact that you will continue to make the payments. All you have to do is have him sign a change of deed so that he is taken off the house and then refiance pay him his portion of the equity (if any), and take over the loan payments alone.If you guys are really getting seperated, I can't imagine why he wouldn't take that deal.

I don't know a lot about family law but I believe that you can still refiance the house when seperated. If he is not willing to pay the mortgage then he is defaulting on the debt. You have no choice but to get a roommate to cover the other expenses. That's your story and your sticking to it! Feel better...

Answer 7

You need to get a lawyer or solicitor and work out the price to pay out your ex husbands half of the house. This way its a clean cut and your ex has no more say in the house.

Answer 8

Why do you have to be separated for four years before any divorce?

But you really need to speak to a lawyer and maybe get legally separated, if that is possibility.

.  

Answer 9

yes he can do that and he will. my husaband is a banker and he was in exactly the same situation (except separation part) with his ex wife. bank doesn't care who of u pays the mortgage - u or your husband or u both. as long as if u both stop paying it they will just take the house. end of story. the only thing u can do is to sell the house, return money to the bank and divide the rest. this is what my hubby did. again - bank doesn't care who pays the mortgage

Answer 10

You really need a lawyer.  Since you are not even legally separated if you move another man in he can sue for divorce based on infidelity.  Also, alot of States as part of a divorce or separation agreement do not allow a live in lover, especially if children are involved.  

You really need an attorney to sought all this out and to find out what is legal and what is not before you get into more trouble.