Have you told him that you want a divorce and would like him to leave?

Anonymous wrote:

Anonymous wrote:Flip the genders, and ask if it would be ok for a man to throw out his SAHM DW who doesn't financially contribute to the mortgage or bills. There is your answer.

Why do you assume he is a stay at home? He is not. He is gainfully employed and makes over $70,000 a year. He doesn't pay anything towards the mortgage or household bills because I never asked him to. We used his salary for lifestyle things - car, vacations, etc.

Uh, you're digging the hole deeper. His salary afforded you the capacity to use only your salary for the mortgage. Meanwhile, he paid for the "lifestyle" for both of you.

The home is his, as well. Sorry, OP.

Anonymous wrote:If he is not on the title you can evict him. My friend was evicted from her home when her H filed for divorce, she was not on the title, but she was cheating so that might have played into it.

Get a lawyer, they can tell you how to do it.

That is just not true. You cannot "evict" your spouse regardless of whose name is on the title. Cheating makes no difference. I guarantee you there is a lot more to that story.

Anonymous wrote:

Anonymous wrote:Flip the genders, and ask if it would be ok for a man to throw out his SAHM DW who doesn't financially contribute to the mortgage or bills. There is your answer.

Why do you assume he is a stay at home? He is not. He is gainfully employed and makes over $70,000 a year. He doesn't pay anything towards the mortgage or household bills because I never asked him to. We used his salary for lifestyle things - car, vacations, etc.

But using his salary for household things meant that you had money available to pay the mortgage. Obviously you're going to need a lawyer to figure out how to get him out. Don't get mad that the people here aren't offering you exactly the advice that you want to hear.

Anonymous wrote:Flip the genders, and ask if it would be ok for a man to throw out his SAHM DW who doesn't financially contribute to the mortgage or bills. There is your answer.

Why do you assume he is a stay at home? He is not. He is gainfully employed and makes over $70,000 a year. He doesn't pay anything towards the mortgage or household bills because I never asked him to. We used his salary for lifestyle things - car, vacations, etc.

Anonymous wrote:

Anonymous wrote:The house we live in is mine. I've always only paid the mortgage. The only household bill my husband pay is the water bill. I bought it before we got married. How do I get my husband to leave so I can start the one year separation and file for divorce? I can't leave because I cannot afford to pay the mortgage and rent somewhere else. This has been long coming, but my husband is the type to stay in a horrible marriage because he thinks marriage is arguing all the time and then acting like being in bad marriage for 20 years is a good thing. I say all of this to say, he won't leave voluntarily.

Sounds like your husband is going to win this divorce. That house is his too. You have been paying the mortgage with marital funds. Doesn't matter whose name is on the deed, or who paid the mortgage. If he's smart he won't leave, he'll go to court and get a court order that you have to keep paying the mortgage for the next 3 years while he lives there rent-free.

I live in Maryland, so the house is not marital property. He would only be entitled to half of the equity that has accrued since we have been married. I am up-side down, so half of a debt is nothing. I asked how do I get him out, I did not ask who would win.

As others say, the home is part of the marital assets discussion, but (consult with a lawyer) I think it's not necessarily a 50/50 split depending on what you put down, how long you paid the mortgage before you divorced, etc. For sure the rise in value during the marriage and the equity from the mortgage pay down during the marriage are a 50/50 split.

You may want to consult with an attorney, but it's possible that you could approach your husband and offer him a lump sum now, in advance of the marital settlement, to move out of the home. Something like 5-10k to move out and get new place.

I bought a home with a fiance. We broke up and he demanded 5k to move out. I was outraged, because I had put down the entire down payment of the house. So, I regused and it was a long messy affair to settle the situation. In retrospect, I should have written the check.

If he is not on the title you can evict him. My friend was evicted from her home when her H filed for divorce, she was not on the title, but she was cheating so that might have played into it.

Get a lawyer, they can tell you how to do it.

Also, husband has a strengthened claim because he has paid the water bill. If he can show that he also contributed time and/or money to the maintenance of the house, that also strengthens his claim.

The house became the property of both of you the day you got married. Sorry, OP. Working men with SAHW's have been dealing with this for centuries.

Flip the genders, and ask if it would be ok for a man to throw out his SAHM DW who doesn't financially contribute to the mortgage or bills. There is your answer.

I don't know the laws in your jurisdiction, but where I live, a home you live in together is marital property no matter who paid the mortgage.

Anonymous wrote:The house we live in is mine. I've always only paid the mortgage. The only household bill my husband pay is the water bill. I bought it before we got married. How do I get my husband to leave so I can start the one year separation and file for divorce? I can't leave because I cannot afford to pay the mortgage and rent somewhere else. This has been long coming, but my husband is the type to stay in a horrible marriage because he thinks marriage is arguing all the time and then acting like being in bad marriage for 20 years is a good thing. I say all of this to say, he won't leave voluntarily.

Sounds like your husband is going to win this divorce. That house is his too. You have been paying the mortgage with marital funds. Doesn't matter whose name is on the deed, or who paid the mortgage. If he's smart he won't leave, he'll go to court and get a court order that you have to keep paying the mortgage for the next 3 years while he lives there rent-free.

If he won't leave you can't make him on the grounds that it WAS yours before the divorce because it's marital property now.

File for separation now and live in separate bedrooms; you might have to suck it up until the divorce is final. DO NOT move out of your property under any circumstances and just keep your financial records that you always paid the mortgage. Keep it cordial and make sure you consult an attorney ASAP.

The house we live in is mine. I've always only paid the mortgage. The only household bill my husband pay is the water bill. I bought it before we got married. How do I get my husband to leave so I can start the one year separation and file for divorce? I can't leave because I cannot afford to pay the mortgage and rent somewhere else. This has been long coming, but my husband is the type to stay in a horrible marriage because he thinks marriage is arguing all the time and then acting like being in bad marriage for 20 years is a good thing. I say all of this to say, he won't leave voluntarily.