Q: I am currently separated from my spouse, married for 5 years. He moved out 4 months ago. I am paying all bills.
the home is not in my name, only his. what are my legal rights to this home? we are not legally separated yet. Can I stay in this house until I am ready to move? As long as I continue paying for the bills? I am waiting for a few years when my daughter goes to college. Should he decide to sell, would he have to pay me for the money I have invested in paying the mortgage since he left? The mortgage payments come out directly from my personal bank account.
A: When did he purchase the home, before or after the marriage? Issues re: separate vs community property first need to be determined, along with rights of reimbursement for payments towards the house, child and spousal support, child custody, and divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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