Friday, December 2, 2011

My husband and I are divorcing. I moved out of the house into an apt. My husband let a friend of his move in

Who was going to pay $600 a month toward the mortgage. The friend hasn't paid anything yet and has been living in my house for 3 months. Do I have the right to ask him to leave? There is no lease. My husband has been been out of town for months on business. Help!|||You and your husband each have an undivided half interest in the home. Each can occupy it. If your husband and you tell the guy to get out, he has to leave. If there's no written lease, he might claim he has a month-to-month lease, but if he's NEVER paid anything, he can't. Strongest position is you get your husband to agree, send you something in writing asking X to leave the home. Say he permitted him to stay, but he's overstayed his welcome. You can ask him to leave and call the police if he refuses.|||If your name is on the house and the person has no signed lease or utilities in their name at that address they have no claim to the property, at least in my area. Check with your local jurisdiction regarding landlord tenant law.|||Of course you have the right to ask him to leave. It's your house!! Why are you concerned though if you're not even living there anymore?? That's your hubby's problem to deal with- not yours...|||Better first check the laws in your area about renters and eviction. Do it the legal way.|||Patch things up with your husband. Then the two of you can ask his friend to leave.|||No, since you abandoned the house and you are no longer together. The house by the way is no longer yours until you settle who gets what when the divorce goes through.|||One question: Are you on the mortgage?





If you are, then YOU and your husband are responsible for paying the bank...the bank didn't authorize a roommate moving in and will not come after him for anything...that was your choice.





It was also your choice to move out before you sought the advice of an attorney and get a judge to make a temporary order on who pays for what.





Sorry, you don't have any rights...the bank does. You can't ask the roommate to leave b/c the husband also has EQUAL rights to ask him to stay.|||It would probably be wise for you to consult a family law attorney. Otherwise you are likely to listen to the wisdom of self-taught experts that don't have anything to lose if you listen to them and they are wrong.|||it might be tough now since he's been there for 3 months - does your husband know the guy has not been paying anything? - see if he can get the guy to get out

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