If you are having problems with your spouse, but he is the only person named on the mortgage for your home, what are your rights? Can you still seek half of the value of the house? Can your husband lock you out or evict you?
If you are having problems with your spouse, but he is the only person named on the mortgage for your home, what are your rights? Can you still seek half of the value of the house? Can your husband lock you out or evict you?
In a divorce case, once the case is filed, either spouse may petition the divorce court for exclusive possession of the marital home. Unless such an order is granted, neither should be locking the other out of the marital home. (Read this.)
For the home itself, being the sole person on the mortgage does not of itself affect how the home is treated in divorce. There, the operative issue is whether both spouses are on the deed, and whether one of the spouses is trying to contend that the home is their separate property -- a home they owned before marriage, or that they individually received as a gift or inheritance during the marriage. If your spouse makes such a claim, it is important to have the situation reviewed by a competent family lawyer for analysis and advice.