Can my husband after 33 years of marriage force the sale of our $150,000 home that I bought and paid for myself?
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Can my husband after 33 years of marriage force the sale of our $150,000 home that I bought and paid for myself?
He has withheld physical relations, contact and emotional support since my breast cancer 10 years ago which involved a double mastectomy. He drinks excessively. He’s abusive. He thinks if he can divorce me before his parents die that I cannot lay claim to anything, including our little 900 sq. ft house. I have no where to go. I have no family. Can he do this to me? I’m desperate and he’s scarring me.
Asked on November 23, 2011 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I a so sorry about your situation. But from what you have written here you are s survivor of more than most and you need to draw from that strength now. I do not really understand the part about his parents other than to explain that generally speaking, most states do not include inheritance as a marital asset for distribution in a divorce unless there is an intention to make the money marital money, which does not seem the case. So really it does not matter here and it should have no bearing on your actions. Now, as for the house, if the house was purchased during the marriage then it is marital property regardless of whose name the deed is in. I need more info on your statement "I bought and paid for myself" to explain more. If you are in fear then you need to seek help from an attorney to help with filing a restraining order and possibly filing for separation (if you do not want to start an action for divorce) and for exclusive use of the marital home. Can he force a sale? Yes, he probably can on some level. So you need to be prepared with options to block it. Good luck to you.
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