Reply to I want a divorce, how do I get my husband to leave?

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Lawyer here, not in your jurisdiction.  Although most jurisdictions have similar marital property laws.

You can't kick him out unless there is physical abuse and you can get a retraining order, so that doesn't seem to apply.  At a minimum, you will owe him half of the appreciation of the house, if not half the value of the house.  You may also owe him child support if you make more and potentially alimony.  Add in the cost of two homes, etc.  Now you see why so many people stay married.

Not questioning your wisdom for divorce, but you are going to be in for a surprise if you think this isn't going to cost you a hefty sum to him.  Call a local lawyer you trust, they can explain the basics in an hour or two.[/quote]

1/2 appreciation during marriage, minus 1/2 the taxes and interest.[/quote]

There is no appreciation. I bought at the height of the market and then values bottomed up. The house "might"
Be worth what I could sell it for today...but there is no value to argue over, and I would be happy to sell and we both go our separate ways. Does anyone know if I can put I think on the market without his consent since his name is not on the title or on the finacing documents? [/quote]

You're going to have a very similar problem come closing time if he doesn't agree to leave the house (to wherever you go or some place else) and you are unable to deliver possession of the house at closing.  If all of his stuff is still there your buyer will probably refuse to close and may also sue you.  I also doubt it will look good to a judge that you unilaterally decided to sell the family home.  You could, perhaps, see if he would agree to downsize to a rented townhouse or something like that so that it would be easier for one of you to eventually leave and be able to afford two separate residences.

You really need to talk to a lawyer about negotiating a separation agreement that would dictate the right to possession of the house and payment of the mortgage expense.[/quote]

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