If I’m married to a guy but his name is not on the house and I owned it for 3 years prior to marriage, do I have to let him back in the house?

Also, if we have 2 cars but both cars are in my name do I have to let him have one since I am responsible for the payments? We just got them 2 months ago.

Asked on August 14, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

If the home was used as the marital home it would be best if you obtained a court order giving you exclusive ue and occupancy of the home pending the divorce. Locking him out is not a good idea.  The house would be considered primarily seperate property when dividing assets.  If the cars were purchased during the marriage they are marital proeprty regardless of whose name they are in and who is responsible for the payments.  Get help.  Good luck. 


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