Q: Can I have my husband removed from the house if it is both our names, he refuses to work, he is verbally abusive
He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids
A: It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying the other their equity share, or by transferring other marital assets to the other spouse equal to their equity share in the home; or the home is sold and the proceeds split. When there are minor children involved, the parent having primary custody can be awarded up to three years "use and possession" of the marital home following the divorce, after which it would be sold, or the parties sign an agreement regarding this (e.g., 2 years use and possession, followed by one spouse having right to refinance and buyout the other within a stated time period). What you need to do is discuss your marital situation with a lawyer and educate yourself on what you can realistically expect in terms of a property settlement or division of assets, agreed or contested, as well as alimony, maintenance, child support and custody issues. Absent an agreement by your spouse, the only way to force the issue is through the courts, and you may or may not get the result you want.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
