We are currently buying a house through my husband's parents. His parents bought the house thru a bank and we pay his parents monthly until the house is paid off. My question is if my husband and I get a divorce will I be the one without a place to live? We have two kids and when we sometimes get into arguements he tells me that when he gets income tax back, he is filing for divorce and getting me thrown out.|||Considering that his parents bought the house, most likely they put the house in his name. So you most likely won't have a place to stay.|||This is really a question for you to ask a lawyer. An important thing is how the house is titled. It might still be in his parents' name. You need to know something like that because it makes all the difference. His parents can just say that you are paying rent each month. Unless you have a contract with them, there is not much you can do. A lawyer needs to have all the information.
If your husband threatens you - tells you he will throw you out, you should be consulting with a lawyer right now. You should know what your rights are, what the future of your children could be and a lot of other things that would only be determined in court.
I don't want to comment on your marriage or your husband. Only you know what the chances are of your marriage getting better. Only a lawyer can tell you the specific information about what COULD happen with your husband acting the way he does.|||start now socking away cash someplace but not in your bank account. Even if you open a savings account at another bank and have the address at a friends house or relatives house so he doesn't know about it. Don't have his name on it at all. The bad news is he will be set up with the kids with this house being his family purchased it. Sounds like to me he is setting himself up to be ready to divorce you in the near future. This is why you need to help yourself somehow.
He will have to pay a lawyer to get everything from you. We will need some council from a lawyer. Good luck gal.|||No! If you are married the court will see everything equally yours. Regardless if it goes through his parents or not. Like if you have a car even if you had bought it before he is able to say that is his. Everything belongs to one another when married. He cannot throw you out. All you would have to do is call the cops and say hey I have no place to go and I have keys. Plus it would all get settled in court. The judge would not look down on you because he bought the house. Unless you signed paper work before you got married stating differently.|||There is no "automatically" when you're talking divorce. That's what keeps the attorneys in business.
It will have to be hashed out and stipulated in the divorce agreement like everything else. The fact that you are buying from his parents has nothing to do with it.|||No, not automatically. Your house payments are being made out of a joint account. Therefore is considered a marital asset. The court will not leave you out in the cold with 2 children. If he is physically abusive, file a restraining order on him and he will be removed from the house.|||I think that since his parents own the house... it's in black and white.. But since you are married with kids I don't think he can just toss you out.. Do you work? Do you share a joint account? He will have to help you find a place to live and the courts and lawyers will decide all that stuff I think.
If your really curious--- see if you can go to a free consultation...|||If your name is not on the deed, yes he can have you leave. However, its all up to what the judge says, no judge will leave you and your children homeless. Lets hope that he is just talking crap, and if he is, you guys have bigger issues than you might think. Those types of words, angry or not should not be tossed around unless they are meant. I hope you have a job?|||ya, cuz his parents own the house|||is your name on the deed? if so you have rights to it|||If his parents' name is on the deed and not yours, then you have no rights to the house unless you have drawn up specific paperwork that says you do.
If his name is on the deed and not yours AND you agreed to a prenuptial agreement wherein you don't have any right to the house, then you have no rights to the house. (This, of course, would exist only if he essentially "brought the house into the marriage".)
If however, either his name or your name is on the deed, and you live in a community property state, you have a good chance of at least getting half of the price of the house, if the two of you agree to sell or can't agree what to do with the house. Sometimes, if you have enough other assets, the assets can be divided equally, so that one gets the house and the other gets, say, cars, jewelry, whatever.
If you live in a non-community property state, and either name is on the deed, it's hit or miss what they'll do. You'd have to consult a lawyer.
If you're behind on paying your "rent" and you're buying it through the parents, they have the right to start eviction proceedings no matter what, so do be careful that you're current.
You should start saving up for the possibility of having to find a new place to live and paying your own bills. In addition, start making sure you keep track of bills, his money, your money, etc. especially if you're in a community-property state.
Good luck. Divorces are always tough.
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