DoI have to leave the home whereI live with my husband if the house is in his name?
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DoI have to leave the home whereI live with my husband if the house is in his name?
I have been married for a 1 1/2 years and be before I got married my husband moved me into the house he already owned. When I moved in he told me that I had to pay $500 a mouth in rent to him. I was working then and we got married and he told me that I still had to pay rent every mouth. 5 months into it I had to stop working and became disabled. Yet I still paid rent and continue to pay it. Now that it is not working out he wants a divorce and he wants me to get out of the house. I have been buying everything for the house paint, tile for the floors, all kinds of new things. What are my rights?
Asked on October 5, 2011 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. It is really a terrible thing that your husband - and I really do use that term loosely - has done here. Charging you "rent" is ridiculous and once you hire legal counsel you can discuss how this issue will fit in with your financial contribution to the marriage. Now, if the house was his before the marriage then it has the initial "indicia" of being called separate property. And the fact that he never put your name on the deed and that he charged you this monthly fee to live there leaves me to believe that he never had an intention to have the asset become marital property. So let's leave that alone. As for the things you bought, we.., that remains to be seen. If the improvements you made increased the value of the house then you may be entitled to a portion of that increased value over the time that you were living there and married. Now, even if he wants you out of the hosue - and he has a right to exclusive occupancy or his own asset - you have a right to be supported by him at least temporarily and until you can get back on your feet. You need legal help here. Good luck.
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