Property division/rights


#1

Primary residence is deeded in both names but mortgage is only in mine. I want a divorce but my husband does not and states he will not move out. Do I have any leverage being the mortgage holder to be able to stay in the house with the kids during a seperation and after property division?


#2

No, unfortunately your having all the liability on the property does not give you any greater right to possession than he has.


#3

So what happens if I move out? Who is responsible for payments on house, utilities, etc.? Is this something that would be decided between us and put into a Separation Agreement?


#4

Yes, if you can agree to a solution, otherwise, you are ultimately responsible for the mortgage.