If I’ve been married for 6 months and we live in a house the he has a mortgage on but which my name is not on, can he force me to move out under any circumstance?

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If I’ve been married for 6 months and we live in a house the he has a mortgage on but which my name is not on, can he force me to move out under any circumstance?

There are no domestic violence issues and I am employed full time and pay all of the household bills including groceries. I also have a 16 year old child from a previous marriage who resides with us. We live in a community property state.

Asked on July 10, 2015 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You indicated that the mortgage was in his name alone but you did not state if the house was purchased before or after you were married.  If purchased after you were married then it is marital property.  Either way, though, it is the marital home and he would have to ask the court to have exclusive use and occupancy should he file for divorce.  He can not "evict" you if that is what you are affraid of. Get advice on your rights.  Good luck.


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