If my husband wants a divorce and I need to stay in the house until school is out, canI if it is in his name?

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If my husband wants a divorce and I need to stay in the house until school is out, canI if it is in his name?

Married 1 1/2 years; we both brought children into the marriage. His son has bullied and terrorized mine. It all came to a screeching halt when his son who is 15 years-old intentionally burned my 13 year-old son with a pan from the oven. My husband kicked his son out but now he is stating that he is coming back. I really don’t know my rights.

Asked on January 11, 2011 under Family Law, Indiana

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for you son and for your situation.  I have to say that guiding someone in this forum without being able to ask more pertinent questions is difficult and I would strongly suggest that you seek consultation from an attorney in your area.  It should be free.  You are living in a house that will most likely be determined to be separate property rather than a marital asset to be divided in your divorce.  It will not be an issue and in a separation you will most likely be asked to move out.  I think that you know that but your issue is timing. It is not likely that your husband and his son will be asked to leave until then but if your husband supported you during the marriage, if he paid all the bills - all this will help determine what will be. If his son is returning it may be best for you to find somewhere to live within the school district for the safety of your son.  The attorney that you consult with will let you know your rights to his supporting you in that new home.  Good luck to you.


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