Waiting to meet with attorney but worried about some things


#1

I have an appointment with an attorney next week but I am concerned about a few things…
My husband and I decided to seperate on Sunday, he is still here and we are trying to work out the the details of the seperation. We have hit a road block and are having a disagreement about the house. He is becoming very distant and shutting down on me, we have two small children, and I am worried about these things:

  1. Should I go file for custody immediately? We agreed that we would have shared custody but that I will primary and that they will live with me. I am worried that he will try to go behind my back and file custody papers now… should this be a concern?

  2. Our big arguement about seperation seems to be over the house… He agreed that I should stay to keep the children in their home, he just wants rights to keep his tools in and use of the garage when ever he needs it. I have no problem with that but now he is saying that if we do not reconcile then in a few years he wants to take this house back after I have been paying the mortgage all that time. He says that he will give me his mothers house after she passes. (he is already on the deed of that house also) This just doesnt seem fair and I am not sure how to move forward with this. He has his mothers house and another piece of property that he owns with no mortgage. It just doesnt seem right that I should pay the mortgage now just to let him take it from me and the children in a few years anyways…

Thanks for any help!


#2

If you and your husband are still living together, you do not need to file for custody right now, and depending on the situation may not ever have to file at all, if your lawyer can help you two reach an agreement. In the event he does file, you will simply counterclaim. It does not make any difference who the Plaintiff is and who the Defendant is.
You should not leave the issue of the house open for years, and the matter should be settled now. You may either sell the home and split the proceeds or buy him out and have the home transferred to your name only.