What are my rights if legally divorced but still together 1-1/2 yrs later? He wants me out now of our house we bought together

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What are my rights if legally divorced but still together 1-1/2 yrs later? He wants me out now of our house we bought together

My Husband and I were divorced a year and a half ago so that he could pay me child support and alimony so that he didn’t have to pay more child support for his first child. However we remained together living as husband and wife. We bought a house together a year ago in both our names. Now he has decieded that he wants me out. I do not work as I am a stay at home mom of our two children. We both made the decision for me not to work, therefore I rely completely on him for everything. My question is what can I do? Do I have to move out of our house? And what about all the material items we own? We recently bought a new car and it is only in his name as he worked I did not, although he did trade in my vehicle that was in my name and paid off for the new vehicle. He is telling me I have no rights to our only vehicle as it is in his name only!! I don’t know what my options are! Please Help! ~ Confussed in OK

Asked on May 11, 2009 under Family Law, Oklahoma

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think you need to see a local divorce lawyer as soon as possible.  I think you should find the best divorce lawyer available.  This is a very unusual situation.

He can't force you out of the home just because he says so;  if both of your names are on the deed, even though you were not married when you bought it, the house is as much yours as his.  He would need a court order to do that.  But you don't have the right to the car, as of now.

There are a lot of possibilities here, most of which would depend on how Oklahoma's courts look at these things, and I'm not an Oklahoma lawyer.  One possibility is that your divorce decree could be thrown out, cancelled, as having been obtained by a fraud on the court;  I can't tell you whether or not that would be a good thing for you, although I suspect this would not be all good or all bad.

I wouldn't wait a minute more.  Find a lawyer, make an appointment for today or tomorrow, no later than the end of this week, keep looking if he or she can't see you that quickly, although I would think a very brief explanation of your situation should get you in very soon if it's the right lawyer.  Pay for a cab and a sitter, do whatever it takes.  Don't let this s.o.b. get away with it!!


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