Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jan 2006
    Location
    San Antonio, TX
    Posts
    4

    Default Who moves out first??

    We own a home together. If divorce is filed, does either one of us need to move out? If one does, does the other get the house? What would be the wisest move? I would prefer to sell and split the profit.

  2. #2
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default

    No one HAS to move out until the judge orders it. Under most circumstances the equity in the house accrued during the marriage will be divided 50/50 in court. If one party wishes to stay in the house that party can buy the other parties equity outright. If there is no equity in the house one party can continue to live in the house if they so chose. In either case the party staying must be able to qualify for a new mortgage with only their income. If both parties wish to stay in the house, the judge usually orders the house to be sold unless one party can show just cause to be issued the home (ie-the other party cannot purchace the equity or qualify for a mortgage).

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Does My Ex-Boyfriend Still Have to Pay Rent if He Moves Out
    By dancer20208 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-23-2011, 02:29 PM
  2. Trials: What Happens when a Witness Moves
    By Softtouch in forum Criminal Procedure
    Replies: 3
    Last Post: 10-07-2010, 06:45 PM
  3. Roommates: Utilities After Roommate Moves Out
    By krgreen719 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-28-2010, 02:15 PM
  4. NCP Moves 80 Miles Away, in Michigan
    By jensen_melissa in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 10-22-2007, 07:12 PM
  5. Emancipation: What to do if child moves out
    By emtff150 in forum Juvenile Law
    Replies: 1
    Last Post: 03-29-2006, 05:00 AM
 
 
Sponsored Links

Legal Help, Information and Resources