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What happens if I'm not on the mortgage loan, and getting divorced?

I am going through a separation and trying to weigh my options. I am currently living in the home, but not on the title or the mortgage. Is my husband allowed to evict me? by nachbaur638 from Plattsburgh, New York. May 8th 2019 Reply

William J Acres (William_Acres)
#73 ranked lender in Arizona - 8,728 contributions

Much more info needed to answer your question. First, it's best you contact a divorce attorney in your state, but in general.. if your drivers license shows your home to be your primary residence and you are not "Legally" separated.. then I don't think he can evict you .. If he is violent and you seek an order of protection, he can be forced out of the home, and the same would apply to you if you are violent.. There's also the question as to when the home was purchased.. was it owned by him before the marriage, or after? If after, did you sign a "Disclaimer Deed".. indicating that he was purchasing it as his "Sole and Separate" property? So much info missing, it's hard to advise you.. Really, it's best to spend a few bucks and get the advise of a local divorce attorney familiar with marital property rights.. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 NMLS# 226347 / LendUS, NMLS 1938/ AZMB0121893

May 8th 2019
Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 4,719 contributions

Generally no, he can't throw you out... You have a marital right to the property. Same with the divorce. In most states, regardless of who originally bought the house, and regardless of who is officially on title, on the mortgage loan, the marriage will give you marital rights, and he can't throw you out, or sell the property without your permission.

May 10th 2019
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