Do I have any legal right to our home if it is in my husbands name and we got divorced?

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Do I have any legal right to our home if it is in my husbands name and we got divorced?

The house was in his name only but, we shared in utilities and upkeep. We were living together when the home was purchased in his name only, but not married yet. We got married, he ended up cheating on me, so I kicked him out and got a divorce. The house was not mentioned in the divorcebut we verbally agreed that if he continued the mortgage payment, I would not pursue child support for our 2 children. Now he has given me and 2 kids (2from previous marriage, better man) 30 days to get out. Do I have any claim on the house? Can he do this to me?

Asked on June 23, 2011 under Family Law, Pennsylvania

Answers:

howard rovner

Answered 10 years ago | Contributor

Great question.  

Please go to www.greaterphiladelphialawyer.com for a free case analysis. 

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

Answered 10 years ago | Contributor

You need to seek help from an attorney nin your area on this matter as soon as you possibly can.  Generally speaking you can not waive child support for children of the marriage.  The parties are required to submit to the court documentation when a divorce is filed and as part of that documentation there should be child support work sheets.  So there are some facts here as to why you waived support that need to be known.  Now, assets that you come in to a marriage remain as separate property unless they are co mingled or there is an intent for them to become marital property that can be shown.  Was any part of the purchase money yours?  Was the intent on purchase for it to be the marital home?  Seek help.  Good luck.


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