Can my husband evict my handicapped daughter and I if we pay half the mortgage?

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Can my husband evict my handicapped daughter and I if we pay half the mortgage?

My husband is trying to evict my handicapped daughter and I from the house, his name is on the mortgage agreement but mine isn’t, however I’m paying half the mortgage every month with my daughters SSI check. Does he still have grounds to evict us? Do we have any rights?

Asked on June 29, 2016 under Family Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No matter whose name is on the deed/mortgage, until a final decree of divorce is issued, or legal separation agreement is entered, into that specifies which spouse has the rights to occupancy, you both have equal rights to live in the house. The reason is that, at least for now, it is still considered to be the "joint marital residence". Therefore, your husband cannot evict you or change the locks, etc. At this point, you should contact a local divorce attorney and consult with them. They can best advise you further.


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