Who gets to live in the house during the divorce?

Who gets to live in the house during the divorce?

In the state of California, under community property rules, this house belongs to both spouses in almost all cases. If the house was purchased or acquired during the course of the marriage, then both spouses have an ownership stake in the home.

Can my husband take half my house divorce?

Yes, go to court – you are indeed entitled to half the house since it was acquired during the marriage. And, if he is giving your a hard time, you can move the court to have him from the house.

Can you force a spouse to move out?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

What happens if wife is not on mortgage?

If your name won’t be on the mortgage, the lender won’t consider any of your credit, income or employment information when deciding whether to approve the loan. All bills for the mortgage will come in your spouse’s name and, unless you live in a community property state, you won’t be responsible for paying them.

Do both spouses have to be on mortgage?

A husband and wife equally share all financial gains and debts acquired during their marriage in California, a community property state. When it comes to a mortgage, or home loan, state law gives spouses equal ownership interest in real estate. Both spouses do not need to apply for a home loan together.

Can a married couple buy a house if one has bad credit?

Lenders don’t just average out your two credit scores or go with the highest one when evaluating your creditworthiness as a pair—they pay the most attention to the lowest credit score. If your credit is great but your spouse’s isn’t so hot, a joint mortgage application could be denied.

Can my husband refinance without me?

If you’re the sole owner of a house, you can refinance without your spouse’s signature or consent. If you own a property together and both of you want to remain as borrowers on the refinance loan, then your spouse will need to apply for and sign the refinance documents.

Can I refinance my house in my name only?

There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.

Can I take my husband off the mortgage?

Your Ex-Partner Will Need Your Consent Usually after divorce or separation, one party applies for a transfer of equity to have the other removed from the title deeds, simultaneously enabling the lender to remove them from the mortgage.