I caught my husband cheating and he had another kid with the other woman.

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I caught my husband cheating and he had another kid with the other woman.

I am married to him for 12 years. We have 1 son.
Our marriage license is registered in another country.
I caught him cheating and had another kid with that’s
woman. He left the house and he moved in with the
woman. We bought a house in 2011. Both our names
are on the deed of the house but only my name is in
the mortgage of the house. We live in Jacksonville
Florida. I don’t want to lose the house. I need a place
to raise my son. How can I remove his name on the
deed of the house. He has not make a payment
toward the mortgage for the past 4 years. How can I
get the house awarded to me? How can I remove his
name on the deed of the house?

Asked on August 28, 2017 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

His failures as a husband have no bearing on his legal rights  as a property owner (e.g. as someone who is on the deed or title). You cannot remove him from the title because he moved out or he cheated--only if he either voluntarily gives (or sells) his interest to you, or if a court, in a divorce proceeding, orders that the house does to you. Since you have questions (or should have questions) about child support & custody, spousal support, division of other assets, etc., speak with a family or divorce law attorney, who can advise you as to your rights in and likely outcome of a divorce case, and the impact of having your marriage license in another country. The important thing to rememer is, only a divorce might remove him from the title/deed--otherwise, you cannot remove a co-owner of property against his will.


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