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Divorce and property questions

Discussion in 'Divorce, Separation, Annulment' started by Lisa Hancock, Dec 27, 2018.

  1. Lisa Hancock

    Lisa Hancock Law Topic Starter New Member

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    Jurisdiction:
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    My soon to be ex and I have been married 17 years. He has been incarcerated for almost a year awaiting sentencing and will most likely die in prison. He owned two properties before we were married, but a few years ago we took out a second mortgage on the property we lived in. We still owe on this property. I was lead to believe that he would lose all his income, and I knew I couldn’t afford to stay. I ended up moving in with a friend. My soon to be ex gave POA to his daughter and she changed the locks on the house and put both properties up for sale. I need a place to go, I read that I can legally go back to my home where I lived for the last 18 years. What will I need to make that happen? The soon to be ex did lose his social security, but he still receives his pension and income from rent of the other property. He uses those incomes to pay the two mortgages. Should he die, I will receive his pension, but not the rent unless he dies without a will. Any help will be appreciated, thanks,
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Unless you are on the deed to the house you lived in, there probably isn't anything you can do about moving back in. At least not without a lawyer. Do you have one? If not, get one, as you might have a monetary interest in both properties and you'll get steamrolled if you try to do anything without a lawyer.
     
  3. Highwayman

    Highwayman Well-Known Member

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    Just where did you read that?
     
  4. Lisa Hancock

    Lisa Hancock Law Topic Starter New Member

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    Both spouses are allowed to live in the family home while they are separated, no matter who owns it. In theory, one spouse can't force the other out. A spouse who decides to leave can return whenever he or she wants to. It's better if the spouses can agree on who willstay in the home if they decide to separate. I just found it while searching the Internet. It wasn’t a specific Website.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    That's probably true but the reality is that you will probably need a lawyer and a court order before you are allowed back in the house. Either that or a cop and a locksmith. Once you are back in, the daughter can file for eviction through the courts if you are not on the deed. Once she gets the court to order you out, you're out.
     
  6. Lisa Hancock

    Lisa Hancock Law Topic Starter New Member

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    . Well this really bites. I can’t believe these people have so much power over me because he decides to commit a horrible crime. He has been convicted of sexual object penetration of a minor. This is his 2 nd conviction and his terms for sentencing is 26-42 years and the judge told him he could get life. He will be 68 in March. His whole family are delusional about him just walking away from this and me get nothing for the years I have been married to him and the trauma he has put me through by doing what he did.
     
    Last edited by a moderator: Dec 27, 2018
  7. adjusterjack

    adjusterjack Super Moderator

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    I noted earlier that you might have a marital interest in the equity of the properties even if you are not on the deeds.

    But it's going to take a divorce lawyer to get any of it for you and I suggest you get one quick so he can take whatever action is necessary to make sure you get a piece of the pie when the properties are sold.

    If they get sold without such action then the money's gone and you do get nothing.
     
    army judge likes this.
  8. Highwayman

    Highwayman Well-Known Member

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    You should have divorced him long ago.
     

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