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Joint ownership of house - if one person move out does that effect their rights to the house?
Anonymous6 views3 answers
Loan in my name - but both names are on the deed. House will be paid off in 3 years. Husband make all the money - wants me to move out says he will pay for my apartment, utilities etc. and he will stay in the house. If we both decided to sell the house we split the proceeds. If I move does it affect my rights to the house?
If you are contemplating divorce you need a lawyer to address the issues you have raised. However, the division of the marital estate can be in any matter the parties agree upon.
Ownership and possession are two different things. Moving out does not affect your ownership rights unless something else happens (like a default on the mortgage). Possession is another thing. I'm sure you have heard the saying "Possession is 9/10th of the law." Courts generally like the status quo, and if you voluntarily move out and then you or your husband file for dissolution or separation, the court will likely issue a temporary order allowing the party in possession to stay in possession until the final hearing on property division, and the party is possession is more likely to have the house (and the mortgage) awarded to them at the end of the divorce than the spouse who is not in possession.
You should probably talk to an attorney if you are contemplating moving out of the marital residence before you (or he) file for separation or dissolution.
