You do not indicate what state you’re located in, but in the State of New York, which is an “Equitable Distribution” state, all funds or property acquired during the course of the marriage regardless of and whose name such property is held is considered marital property and is generally divided in half. Thus, if the property you are living in was acquired during the course of the marriage with funds acquired during the course of the marriage you will have an interest in that property. If the property was acquired prior to the marriage, and is held in your spouse’s name, the property is separate property and belongs exclusively to him.
Even if the property is his, however, since you have a young child at home, a judge may decide that you can remain in the home until the child reaches majority.
I strongly suggest that you consult with an Atty. experienced in matrimonial matters in your jurisdiction who can assist you.
If you living in the New York City metropolitan area, please call me to arrange for an appointment to discuss mediating your divorce.
Leonard M. Weiner, Esq. /Divorce Solutions
He has no right to lock you out of the house. You should call the police and insist that you be allowed back in to the house and ask for an order of protection to keep your husband away from you and the kids until you can work things out or decide to get divorced. The fact that you do not own the house
Does not mean you as a wife do not have a right to live there.
Leonard M. Weiner, Esq./Divorce Solutions
Let me start from the beginning. First, your husband has no right to kick you out of the house. In the event that happens again call the police. If he becomes violent you can ask for an order of protection and he will be forced to leave the house, not you. Under no circumstances should you suffer or allow yourself to be physically abused. If he has been supporting the family, the court will force him to provide you with child support and spousal support in order for you to pay your bills. Do not listen to what he’s telling you regarding his not paying any alimony. If the house is marital property, which means it was purchased in the course of the marriage with funds earned during the course of the marriage, and not a gift or inheritance, purchase would money he had prior to the marriage, you should have approximately a 50% share in such property, regardless of in whose name the property is legally held.
If you are living in the New York City metropolitan area please call me at 212-370-1660 about mediating your divorce.
Leonard M. Weiner, Esq. /Divorce Solutions
Since the children are so young, if you were selected by the court as the residential parent, the court would allow you to remain in the marital home until the youngest child reaches majority, which is 18 years of age. Whether your husband would be required to pay for the mortgage and taxes would depend on your relative incomes. If he has been and continues to be the sole provider then he will be required to provide not only child support but some form of spousal support to you as well until you are able to get on your feet and acquire the professional skills to become self-supporting.
If you’re living in the New York City metropolitan area, I strongly suggest you call me to discuss mediating your divorce. My number is 212-370-1660. In mediation and you’ll be able to resolve these issues together with your spouse and the quiet of my office instead of having to spend hours a sitting in the courtroom corridors and having a judge impose a settlement upon you .court.
Leonard M. Weiner, Esq./Divorce Solution
He is obligated to pay the child support until he receives an Order from the Court changing the terms of the the original Order. If he has been trying to find work and has not been able to do so, he can make a motion to the Court to lower his payments.
If he just quit his job and is not trying to find work, he will have a hard time convincing the Judge to lower the payments.
With regard to your second question, although his name is not on the deed, he may still have an equity interest in the house if it was purchased with money earned during the marriage, even if you were the one who earned it. If it was purchased with money you had prior to the marriage, or received as an inheritance or gift, and kept the property in your name, he would not have an equity interest in the property. Nonetheless, until you receive an Order of divorce from the Court, he remains your husband and you cannot simply throw him out on the street, unless there is physical abuse which endangers you or the child, in which case you should get an order of protection and have him removed by the police.
Consider mediating your divorce. If you are in the NYC metro area call me at 212-370-1660 to discuss.
Leonard M. Weiner, Esq.Divorce Solutions