What rights do i have when going through a divorce?

Question

I am currently going through a divorce (married 7 years)... i haven't got a lawyer yet, but he does. We have two kids together. We have lived in our house for over 8 years now, but it is his mom's house (she doesn't live there, just lets us live there). So do I have the right to be in that house? He kicked me out and I have been living with my parents. I have my kids every other week here at my parents. So is there anything I can do to get back into the house, but not with him? Basically do i have any right to that house? I have put money into that house over the past 8 years and he says it doesn't matter. So what are my rights... i am tired of getting screwed by him. I know I am going to get a lawyer I just have to find the money...can't afford one because he makes all the money in the household. I can't even get an apartment right now because I can't afford one... and I make too much to get assistance. So pretty much he took everything.

Answer 1

First of all it is a misdemeanor to give legal advice here in CA.  Each state has different rights.  So you have not stated where you live.

My suggestion is two fold.  Get an attorney asap and second you may consider what is newly called mediation.  You still get a divorce however it is less brutal.  You use a therapist along with one attorney you both agree to use.  There is a flat fee.  

contact me if you live in orange county CA.

DFF

Answer 2

It sounds like you were a stay-at-home (take care of the kids and house) wife, which unfortunately is so terribly under-paid.  I have to admit that I've considered divorce a few times and my wife is a stay-at-home Mom too with no income.  I think in your situation since its your Mother in Law that owns the house, unless you are getting credit (either husband or you) for making mortgage payments, my belief is that you have no rights to the house.  If it was marriage material, meaning your husband and you were on the mortage for the house, then, yes, absolutely, regardless if you have income or not, you are entitled to 50/50.  Divorce is an aweful thing, especially when their are kids involved and only one spouse is working and earning income.  If you ever need someone to talk to, feel free to email me here and we can chat.  I've done a lot of research on marriage/divorce and I might be able to help you through some things.  I wish you good luck.  Hang in there.  

Answer 3

I didn't get a lawyer when I got divorced so I know what I'm saying.  GET A LAWYER, it might be pricey but it's worth it.  You can ask for him to pay for the lawyer, or at least part.  Please get the lawyer.  Take a loan.

Answer 4

Contact your local womans help group and/or legal aid association for help. Unless youre proven unfit by court, which I doubt here, youll be awarded custody of the kids with child support and possible spousal support. The courts can also order him to pay for a place to live for you guys mostly due to the kids since you guys dont outright own the house youre in. If you have to contact an attorney, make sure they go after your husband to pay their salary too as you cant afford to. All this is the main reason most guys hate divorces as it will cost them big time. Also keep a detailed record of any contact with him especially any threats as the courts really like these and dont agree nor sign anything from him or his attorney as the courts cant undo anything done outside the courtroom, until someone, even me if feasible, looks at it. Good luck

Answer 5

well if u have put money into the house there is a possible way u can get it but with him because yes its true u put money into the house but his mother gave the house to him so i think the judge might decide that its the best for both of u to sell the house and share the profit depends on how much money u put into the house depends on how much profit u would get and  with the kids if they both get along fine with each parent then  the judge would probably do the same as you are doing now  2 weeks or 1 week at each others house it also depends on how old are them because the just cant be going back and forth if u guys live far away from each other because the need there school education hope this helped  

Answer 6

Sounds like you have no rights to the house.  Also, how can he afford a lawyer but you can't?  You should still have access to joint funds.  Most lawyers consult for free so you should start there.  Also, don't go out looking for a job right now - the more you make the less he'll have to give you.

Answer 7

I'm sorry.. I have no idea. I could wish you luck though.. It sounds like too much for one person. Have a good day.

Answer 8

sorry, but no, you don't have a right to that house.  technically, the house belongs to him, since it was his parents'.  i know that sucks, but unfortunately that's a law under the court system.  but if he is making more money that you, then by law he has to give you a monthly salary for child support.  and also by law, you do have a right to half of the household items...just not the house itself.  i hope everything goes well...some divorces take years to sort out.  good luck

Answer 9

well if its not either of your house, and its in his MOMS name. you have to ask her, if she says you are allowed in the house to go get out what you need to get. guess what you can do so aslong as his mom says it ok