Q: Can my hisband sell the house its not under my name he bought it before we got married were not divorced yet
I have been separated with my husband for a year we are not divorced yet. I stayed in the house and he moved out yesterday I found out he wants to sell the house. Can he sell it since it’s not in my name and he bought it before we got married the home is under his name and one of his cousins but this is the home we’ve lived in since we got married. Is there anything I can do can he kick me and our two kids out? My sister and her boyfriend live here also can he kick them out before he sells the house?
A: Your husband and his cousin can sell the house since they are the owners. However, if a divorce was filed, you could request a court order not to sell until the divorce is final and the property division is set. Any increase in the value of the property (Husband's share) that occurred during the marriage is considered marital property, subject to an equitable *(meaning "fair' not necessarily equal) division. you should retain an attorney to help you with this.
A: Any increase in value to the home during the marriage is marital in nature and is subject to division by the court in a divorce. He will ultimately be able to sell the house. The way to prevent sale in the immediate is to file for divorce and have him served. Upon service, he is precluded from disposing of marital assets while the case is pending and absent a court order. You should ask an eviction attorney what rights your sister and her boyfriend might have. The law and the court in a divorce case would not be concerned with them.
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