Does the mother get the house in a divorce?
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Does the mother get the house in a divorce?
There are lots of decisions to make when getting divorced, particularly when it comes to the division of assets. Usually the biggest asset a couple will own is the family home. So, who gets the house in Divorce is closely linked to child custody, with the Court typically awarding the right to the primary care-giver.
Can I make my wife pay half the mortgage?
Yes, your ex will have to pay half of the mortgage if they are listed on the mortgage as you will be both equally liable to the mortgage lender and in the case of the mortgage being defaulted then the mortgage lender will come after the both of you for the mortgage balance plus any costs.
What happens if a wife leaves the home?
When the individual leaves the marital home, he or she will expect a right to privacy. The same is true of the spouse that remains in the marital home. Once the individual leaves, he or she may not have a legal right to access the property if there was no upkeep or monetary payments provided for mortgage or rent.
Can I change the locks to keep my wife out?
The short answer is “no.” You do not legally have the right to change the locks on a house and prevent your wife from re-entering the home under such circumstances. There are other circumstances, however, where you may have the right to change the locks on your wife.
Can my ex wife change the locks on your house?
If the property is jointly owned then you cannot change the locks without the agreement of the other person. Both of you have a right to access and to occupy the property. If only one of you owns the property then the owner is entitled to change the locks.
Can I lock my ex partner out of the house?
you cannot exclude your ex from the home without an order from the Court. Your ex is entitled to live in the property and if you do change the locks, they are entitled to break back into the property as long as they make good the damage.
Can my ex partner make me sell the house?
If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. Your ex can try to force you out of the home, but they cannot legally. Until the divorce is finalised, you both have the right to remain in the home. Once you are officially divorced you may decide to sell.
