Ed


#1

No, completely incorrect.

You have “marital interest” in the house. It is half yours regardless of the mortgage. Regardless of the deed.

He cannot kick you out. He would be laughed out of court. You can however leave the house of your own free will and if you do you will not be able to come back.

Do not move out. Do not sign anything. Talk to an attorney.

Leaving does not me runs to the grocery store etc. Leaving means packing up your stuff and moving out. Be careful. If you go to the grocery and he changes the locks and says you moved out there will be problems. You will get back in… eventually.

Conversely the fact that he is on the mortgage and not you is a good thing. If he defaults on the mortgage they will come after him, first. Still may come after you, but they will have a harder time there.

Hope this helps.


#2

Even though your name is not on the mortgage, it may be on the deed. If so, you own the home as tenants in common which means the home is 50% yours. If your name is not on the deed the home is your Husband


#3

Engaged in June found out we were pregnant a week later
Bought home in July (I am not on the mortgage)
Had baby in February
Married in May

it’s been almost 4 years, I am completely dependent (been a SAHM). He has now contacted an attorney, is insistent that it is his house and he can kick me out on the street at any time, in which I would be in no shape to take my daughter with me.

Can he really kick me out?

Do I really have no rights to the home?

EEB