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

I want to put my daughter and her husband out of my house, what can I do?

I do not live in the home with them, I live out of state. They have not paid rent in almost 3 years or the bills that are still in my name. I was told her husband sells drugs and I want them out of my house. How can I legally put them out?|||Call the police and have them removed. You can also call the utility companies and have the water/heat/electricity/cable turned off, so they have to get it turned back on in their name.





But yeah, if you just want them out, tell them they have 30 days to vacate and then call the police.|||Go through the courts and evict them.|||Ring them, say "I've called the police. They said they'll be at your house in 5 minutes. I'd get cha butts out there quick, if i was you, as i've told them no-one lives there at all. So you'll be arrested for trespassing, as well as any drugs you've got there. :) Ta!" then ring the police. Hey presto, nip back and change the locks and you're done.|||You have to go through the court system. The first step would be an eviction notice...I believe you can have the sherriff in that town deliver that for you.|||Have them legally evicted...thats a VERY long time to let them live off of you!|||Tell them you are going to put the house up for sale and if they have no intentions of buying it then they will have to find somewhere else to live as soon as possible.|||Formal eviction or sell it out from under them








BTW, you can hire a local property manager to handle it for far less than an attorney .|||You will have to go through the courts to do it legally. It's a process, therefore it takes a little time.....like a couple of months, but it can be done. Good Luck :)|||Eviction notice. They will have about 90 days (depending where they live) to leave or the police will escort them out. Good luck.|||They need to be treated as non-relative renters....research the proper legal way to evict a tenant and do so.

Wednesday, November 30, 2011

What about a wife that is living with her in-laws ,should her husband bring a seperate house for her or what ?

I mean if she staying with them is she doing a favour for her husband if he is unable at the moment to bring a house or is she forced to do that ?|||I'm sure she feels very uncomfortable living with her in-laws. She would rather live with her husband in a seperate house, just the two of them. If the husband cannot afford to buy a house he should at least rent an apartment, for the 2 of them, like it should be.|||until the 1950's it was common (about 50%) of families the wife left her family to live with her husband and his family for life and they all would live in same house, so yes it is something that has always been the way of life we are just returning to that now.|||What does bring a house mean???|||I do not understand your question ? LOL it doesn't make any sense!!

If my husband sells me the house after divorce will I qualify for the $8000 first time home buyer tax credit?

My husband and I are separated and divorcing and I plan on purchasing the house from him in the divorce. The house, mortgage and title are in his name only. Will I qualify for the $8000 tax credit once I buy the house since the divorce should be final by the time it is purchased or only the $6500 credit? What would be different if the divorce is not final when I buy the house?|||On the face of it, sounds like you are a first timer.





But tax and divorce law are complex, being a combination of state and fed, so talk to your lawyer to be sure to do it right. You may need to do certain things in the divorce negotiation to solidify your legal/tax position.|||No, you don't qualify for either credit.|||Do you live in a community property state? If so, you already own half the house. Are you paying full market price for the house, or half in a property settlement? You already own half the house if you are only paying him half. No way you are going to get the tax credit.|||Probably not, for several reasons. One is that you are related, albeit the relationship is ending, with the person selling the house. The second is that you will still have been considered to have owned a home in the last three years, so would not qualify for the first time home buyers tax credit.





However, if you have owned the home for the last five years, you may qualify for the $6500 credit, but you would still not be able to purchase the home from a family member/spouse. So, to qualify you would need to purchase it from someone unrelated to you.

I co-own a house with my husband. Does he need to write in a will that the house goes to me if he passes on?

Isn't it implied in the house title/ownership/mortgage papers?|||If its jointly owned with right of survivorship, it will go to you on his passing.|||i wouldn't think so, if your name is on the house, then its yours to but i would go talk to a lawyer to make completely sure. the govt loves to find ways of screwing people of whats rightfully theirs. so it wouldn't hurt anything to double check. god forbid something happen to your husband you would know how to handle everything.|||no you dont. but a will is always a good thing to have. it bypasses other legal matters that are delayed without a will.|||When my Aunt and Uncle made out their wills they did the following. My uncle made out his will that everything would go to my Aunt in the event that he died before her. If he didn't pass on before her and she died then everything would be left to me. She did the reverse. She made out her will and left everything to him When she passed away and if they were both gone then everything would pass to me their only living relative.|||Nope you'll get it, as long as your not a millionaire with a couple of kids that are greedy. They always find a loop hole.|||Implied means SQUAT in probate court. If, for example, he divorces you right before he dies, and remarries, then you and his wife will co-own the house.





Property rights are different in different states - but it's foolish to leave out half the house from your will.|||In some states, without a will the persons part goes to the kids. When my dad died, 1/2 of everything went to us. We were under age and the court appointement us a guardian. It worked out because he just let mom need what she needed to do, but I can see where it could get in a mess. Also, I have seen it where some kids have fixed it where mom has no house.





I heard that all of this has changed, but why take a chance. If you are going to all of the trouble to make a will. Fix it how you want things to be. Then no one can argue about it, or they can, but at least it is in writing.

My husband and I bought a house (March 2008) should we file our taxes separately or jointly?

We filed separately last year and I did pretty good because I have 2 dependents...My husband did ok he has 1 dependent(we do not have children together). But we didn't have the house last year either. What is the best thing to do?|||I am sure you did pretty good if you filed head of household, you were able to claim credits. But, that is cheating the government. If you filed Married filing separately is similar to being single when it comes down to paying taxes and you can't claim the EIC, if you qualify.





The best and honest way to do it is to file together. You bought a new house this year so it would be good to get credit for being a first time home buyer. But, you will pay less taxes if you file together.|||You'll always pay less tax if you file married filing jointly.|||In almost every case, it works out better for couples to file as MFJ rather than MFS.





Just plug in your numbers both ways and see what works out best for you. You don't need to actually file in order to play around online at any of the bigger tax prep sites.|||listen to the Prophet ..|||The "joint or separate" question has a lot of factors. And the savings, if you file separately, often show up in the state returns. In general, if your incomes are very similar, you might do better filing separately. If one of you makes a deal more than the other, I can almost guarantee you'll be better off going joint.





But to be sure - you have to do them both ways, fed AND state, and add up everything both ways, to see which is best for you.

How do I get my husband to quit smoking cigarettes in the house?

Since the weather outside has gotten cold my husband is now smoking in the house. Yes I have ASKED him to smoke OUT side because I am 8 months pregnant and have a 2 year old and 4 year old to consider. He refuses to. The smoke travels out of the bathroom and into the hall way and our bedroom. I can't breathe properly and have explained this to him.





How can I get him to be more considerate of me And our children?





Please any tips would be great.|||Oh I may get bashed for this but so what.





Get a bottle, squirt kind, even buy a clean one from the market. Fill it with water.


Every time he lights up, if you're there, squirt him/it.





If he doesn't get the hint tell him you're going to Moms till he quits.





Cheryl|||I think you are being a little critical of a man you have vowed to love and cherish through sickness and in health. I have yet to find sufficient evidence to prove the side effects of second hand smoke, and would be very doubtful that your husband smoking in a bathroom that you are not even in would cause any adverse effects to you or your unborn child. Do your children smoke? Because if they did, it would surely be less of an annoyance to them if their father smoked.|||Ask your husband to go with you on your next doctor visit. Have the doctor explain to your husband the harmful effects of cigarette smoke on his unborn child. Then have her recommend or prescribe something to stop his smoking. If this doesn't work, I'd ask family if you and your children could stay with them until the baby is born. Hopefully, he'll take his smokes outside, cold or not cold. Millions of smoking Americans who work have to take their smoking breaks out of doors in bad winter weather. He can too.|||he has to open a window or get a air cleaner i can;t believe some one can do that and not consider other people in the house,


i would also get him stuff so he can quite smoking ,


in my house every time he lite up and i could smell it he had to put 75 cents into a kitty that money added up fast and he could see what he was doing to us


but chat with the him about how the doctors says it is bad for the kids not so much for him which it is but he has to think of the kids |||I had the same problem with my husband smoking in the car. A stubborn man will not change and he will find little ways to make you feel guilty about asking him to stop even if you both don't realize he's doing it. I would recomend never feeling guilty for asking to be healthy (especially for your baby!) and tell him to get his butt outside that second. Don't ask him, tell him. If he still refuses (which let's face it if he chose to smoke inside in the first place then your health isn't his top priority, I know mine isn't to the man I married despite what he says his actions speak way louder) But maybe compromise and stick a space heater in the garage. |||When it's children whose health is at stake, it's a stupid person who smokes around them and in the house. Not only does second hand smoke endanger them, but he should think of you and the baby you carry. I don't feel he's worth staying with, but it's up to you. He won't listen and anything you do to try and prevent the smoking won't work. He's hooked and likes it. |||I live with a chain smoker and I have asthma. He usually goes outside but he thinks it's ok to smoke in a room as long as I'm not in it. I've told him I can't stand it and he gets defensive. I've also told him I can't breathe. My Dr. even told him he is killing me. I figure if he won't stop he plain out doesn't give a *** so he must not care.|||Obviously he doesn't care about the health of his family.Does he not realize second hand smoke can kill you and your children? He needs a wake up call big time.Maybe you could let him read the answers you have gotten to your question and see if that makes him reconsider his actions.If he Truly loves his family he will stop smoking in the house.|||Call him at the dead of night, tell him you have something to discuss with him. Let him know the dangers of smoking and the effects it will have on the baby. If he is still not willing get your family doctor along with a close friend of his to speak with him on same. You can as well give him a gift of book that spoke on dangers of smoking e.g http://profitasus.calkeco.hop.clickbank.net/ . With this i am sure he will see reasons with you.|||You can't. The way to get a husband to be considerate is to marry a considerate person to begin with. You can't make the leopard change his spots. I'm not sure why people think there's some magic way to make their partners change - there simply isn't. |||Tell him that if he lights up inside again, you will take the kids and leave. In the interest of their health (not to mention your own health and that of your unborn baby), that's what you must do. If he thinks you're bluffing and smokes again despite your warning, follow through.|||smoking causes so many respiratory illnesses. Get some information on it from your doctor and tell him it isn't a choice. Either smoke outside or move out. It may seem harsh to you but he is hurting you and the kids. |||You should have figured something like this would happen when you married him. Now you are stuck. Did you think he would change habits because he married you? Think again.


I grew up in a smokers home, and my sister and I grew up healthy normal kids. So don't freak out over nothing. |||When our kids were young and kept getting colds and ear infections the doctor asked me, do you smoke? I didn't but my husband did. As soon as I told him what the doctor said, he quit cold turkey. It's been like 25 years now.|||You take his money and all his cigarettes and throw the smokes in the trash and keep the money|||Tell him that just how he is slowly killing you with his cigarette smoke, you will slowly kill him by poisoning his food. Hey if he cannot respect your health and your life, why should you his?|||Tell him how trashy it is and tell him to smoke next out an open window or a cracked door.|||Your husband is being very selfish and immature about this. He seems to think the world revolves around him and he is wrong in thinking this way. I don't know where you live so I don't know how cold it gets where you are.





I am a smoker, for 35 yrs now. For years and years we smoked inside the house. My kids and grandkids were always sick with colds, strep throat, ear infections. Doctor told me our smoking indoors is the cause of them being sick. Well back then I didn't believe it. SO it wasn't until last 2 yrs ago we had to rent a temporary house while ours was getting completed. Well we couldn't smoke indoors. I WAS amazed at how the grandkids QUIT being sick all the time!! No more colds, ear infections, strep, etc. If I hadn't witnessed it first hand, I would of never believed it.





NOW we SMOKE outside .. and suffer the heat and the cold (30's is usually as cold as it gets here in Florida). We wear our warm jackets and have a blanket in the chair to cover our legs with. To keep the kids healthy that is the LEAST we can do!! Be a little inconvenienced. This year I bought a little space heater to put near our feet. If I had a way to plastic the screen lania, I would, but I can't. I was even considering putting up our tent with a heater inside it to stay warm (wind gets wicked down here).





If he absolutely refuses to smoke outdoors is there a way you can afford one of those air room filtrations things?? Assign him one room to smoke in with one of those machines in there. He will also need to open a window too while smoking.





IF he cares anything at all for you and your children's health he will cooperate.