Need some separation/divorce advice. I have asked my husband to leave, but he refuses to do so. We own a home together (he doesn’t qualify by himself, but I do) and he cannot afford it by himself but will not let me have it. Am I going to have to leave and keep paying this mortgage not to ruin my credit?

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Check with a family lawyer in your state - where I am, you can apply for what’s called exclusive possession of a home, which means you get to live in the home (by yourself) pending the finalization of the divorce. After the divorce is finalized, however, depending on your community property laws, you may need to buy him out of his equity in the home somehow.

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Has anyone filed yet? Hire an attorney and file for sole use of the house. Your attorney will be able to advise better on the enforcement of any order that gives you sole use (or if it’s even possible, that might be court dependent).

But you should hire someone to handle this shit for you instead of trying to do it yourself, if you’re thinking of going the pro se route. When I practiced family law we had a few cases where the client was hiring us late in the game bc they were an attorney and thought they could handle it themselves and they had screwed all sorts of stuff up. Some we could fix and some we just couldn’t.

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In the short term, probably yes. But you need a lawyer immediately to walk you through your options.

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It’s not my practice area and I don’t know what jurisdiction you are in, but based on friends’ divorces in a handful of states, I don’t think you’re going to be happy with the answer.

Side Note: I think Mat Law should be a mandatory class in HIGH SCHOOL. The day my Mat Law professor asked the class “ why do you feel the need to make the government a party to your relationship” was revolutionary for me 🤯

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Sure there are benefits, but also disadvantages that must be acknowledged. My original point was that it is something to think about, and many people head down a path without giving it due scrutiny.

All apologies to OP as well. I did not anticipate that my side note would hit such a nerve and had no intention in engaging in such an exchange. I’m not straight, so don’t need context on these matters in a fishbowl dissertation or otherwise

We bought this home with me as a primary buyer and he’s on the mortgage too as a co buyer but he cannot qualify or afford it by himself.

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