C.L. asks from Moreno Valley, CA on July 12, 2010
Whos House Is It Anyways?
I have a very important question: My husband and I have been married for almost 6 yrs this coming October. The house is in his name only since i was the one to move in here 3yrs before we got married. He does not want to add my name to the deed. He and his family have said this is not my house. I'm the one cleaning it, I'm the one washing clothes and dishes, cooking. I don't work because I care full-time for our 20 month old twins. This past March we almost divorced due to an incident, He go physical with me and I called the police. That's when he and his mom and sister told me he did nothing wrong and that this house was not mine but his alone and asked me what have I contributed to the house to make it mine. Well, since then we both went to counseling, he attended anger management for a day (he has a bad temper). We have been getting along better now but he wants nothing to do with my family and I want nothing to do with his....at least that's how we want it for who knows how long. I am just afraid that if something happens, I get kicked out of this house. Since March, and being told it's not my house, I hate cleaning it, It doesnt feel like my home anymore and I feel like the maid. When is this house really considered mine too?
So What Happened?™
UPDATE: My real concern is that if something happens to my husband (since he's always saying he's going to die soon), that I won't have nothing to take care of our twins. He's a Corrections Officer and most CO's have died young in their 50's as soon as they retire. I worry about this. His family did not contribute not one penny to this house so they are so wrong and retarded to say I have no rights and how dare they ask what have I contributed!! I really hate them!! But I don't want to 'hate' but just keep them away. I do pray every night. I will not worry anymore, I will be a happy person and happy mom to my children and that's that. I so thank you all!!! God bless each and every one of you!
I Wow! Lots of good advice! Thank you. I will consult an Attorney, definitely. My husband bought the house 2 yrs prior me moving in (with my now 21 yr daughter & 17 yr son-my 21 moved out to her dads). We lived 3yrs together before marrying in Oct. '04. He hasn't paid off the house. I do buy groceries once a month with my sons 500.00 a month child support. Since we got married we have replaced most furniture and bought furniture. I used to work but got let go and since he desparately wanted children and me being in my mid 40's, we did IVF and had boy/girl twins. Pregnancy was very hard on me. We do still have separate checking accounts. He does not want to add me to his account either. I did make him change the names from all his three Retirement Accts that I found out were under his parents names! I said F' that, so I filled out the paper work to only have them on my name. I am working on him adding my name to his checking acct. And HE WILL add my name to the deed of the house! I promise that. I am not getting railroaded by my husband nor his retarted family! Thank you for making me stronger by all your advice! God bless you all!! ;)
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R.J. answers from Seattle on July 12, 2010
Talk to a lawyer. If it was entirely paid off BEFORE you were married then it's 100% his (the acquired bit, means that whatever was NOT paid off before you 2 were married gets split in half.)
So if it's an old family home, or if it was paid off in any other way before the marriage, it's his. If he'd bought it, but only paid of 1/2 then the remaining half gets split. If he'd paid off 20% then the remain 80% gets split. Etc.
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K.B. answers from San Diego on July 16, 2010
Wow. Sounds like a much deeper issue than who's house it is. You did right by going to counselling. If he still has issue with adding you to the deed, than you are still not on the same page. If you still feel like a maid, you need to tell him this and make him understand. Get more help, tell the families to butt out and then worry about the house.
M.D. answers from Los Angeles on July 13, 2010
You should probably talk to an attoryney, but if you're in Calif, this is a community property state. Even though you are not on the deed, you would lilely have to sign quit-claim if he was to sell...good luck.
-M
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B.C. answers from Los Angeles on July 12, 2010
I totally agree with those that say you should consult a lawyer.
Attend marriage counselling.
He should attend counselling for his poor self control.
My wife an I both have "fun Funds" where I don't account to her and she doesn't account to me for how the funds are spent. You need to put money aside so you can pay for the lawyer and for the future. When you accululate $2500 you can open a brokerage account and invest in good stocks paying high dividends. Have the dividends reinvested so they work like compound interest.
I'm not a broker so I'm not allowed to tell you which stocks to invest in. But banks pay less than 1% interest. Stocks can pay much more. Examples: Mcdonalds pays 3+%. Verizon pays 7+%.
If you look on mamapedia you can find lots of suggestions on saving money which will help you save household money that you can save and invest. Use your mom's address to have your statements sent to. If you can get a part time job, or even take in one or two children to babysit you'd be suprised how quickly that money will add up if properly saved and invested. The temptation is to spend what ever you get. He needs to exercise self control (his temper). You need to exercise self control (saving and investing).
Don't tell him about your personal account, but open and save for a joint account with him so he sees the results of your being frugal. Of course, the joint account will have both your names on it and will show more contribution to the marriage and give you more rights to the house and marital assets. (Consult a lawyer!!!)
I wish you and yours luck. The BEST course of action is to repair your marriage. You should Work hard at it. He should Work hard at it. But even though I haven't had a flat tire in 10+ years, I still carry a spare tire in both my car and truck.
I wish you and yours well and hope you can have a happy marriage.
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L.U. answers from Seattle on July 12, 2010
I don't know about CA, but in WA it would be considered HIS house because he bought it BEFORE your marriage and only HIS name is on the deed. If you got divorced or something happened to him then you are screwed, as are your children.
I didn't read all your responses, but most of them, and no one touched on the fact that this man was physical with you. He went to ONE day of anger management!? That's it!? puleeze. That wont do a damn thing. Especially since you say that since March he has been telling you STILL that this house is not yours. I am not saying that you should get divorced, but I am saying that you are getting treated the way that you are allowing him to treat you. harsh? yes. Truth? yes.
I would say a couple of things to him, and then stick with it.
#1. he needs to put your name on the deed
#2. he needs to attend more anger management classes
#3. You BOTH need to attend marriage counseling.
If he does not agree to all of these things then I would move out. Tell him that you love him (if you do) and that you want to make things work in your marriage, but that those three things are non-negotiable.
Good Luck, L.
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A.O. answers from Sherman on July 12, 2010
Well if it's not yours stop cleaning it!
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3.B. answers from Cleveland on July 12, 2010
It depends on your state. In Ohio once you are married, the house belongs to BOTH of you. I would look up laws in your state, or call the police station and simply ask, can he kick you out of that house legally.
As far as him and his family telling you it's not your house, B.S.!!!! You are his wife, the mother of his children. And I guaruntee you've made it more like a home then ever before. There are obviously some deep rooted issues with him to have to tell you that it is not your house. Of course you are feeling resentful. What a jerk! You both need to go back to counseling. ASAP. There are some real problems going on here. And left unaddressed it will get worse.
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K.E. answers from Jacksonville on July 12, 2010
I know you are trying to work it out and I applaud you for that in a world where so many just give up on their marriages, but I see a red flag with the fact that you had to call the police, his family is unaccepting towards you after so many years and children, AND that he refuses to act like the house is yours and makes it well known that it isn't. Living in fear of your husband and what he may/may not do is not healthy for you or the children. Counseling obviously did not help much and you may need to start it back up for a long while until it does. It seems to me that he doesn't fully love and respect you and that he may have married you because he wanted a wife and mother instead of a partner in life. I'm not trying to make this worse on you, but staying in a marriage where your spouse is abusive, disrespectful and apathetic to the way you feel is not worth all the heartache. Your babies deserve a healthy, happy home and sadly that may mean the end of your marriage. Only you can make that decision and I wish you the best.
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L.C. answers from Washington DC on July 12, 2010
I'm sorry to be the bearer of bad news, but please read:
California is a community property state. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.
Separate property is not included in the division of the community estate.
Separate property of a married person includes all of the following: (1) All property owned by the person before marriage.
However, here is one of many factors that are considered by states applying principles of equitable distribution:
Services as a Homemaker. Courts recognize that keeping a home and raising children are work. In addition, one spouse’s work as a homemaker often enables the spouse who is working outside the home to earn more money. Thus, services as a homemaker are a factor in favor of the homemaker. Some courts also apply a related concept of considering whether one spouse had impaired her or his earning capacity because of working as a homemaker. If a party can show his or her work as a homemaker resulted in missing the opportunity for training or for job experience that could have resulted in higher income, that factor can favor giving more property to the homemaker-spouse.
Also, for the determination of spousal support, the assets (including separate property) are considered. So are many other things, for which many are in your favor. Google search California divorce laws or consult a lawyer.
Since he owned the house before you were married, legally it is his. If you love him and you want to stay married to him, you need to convince him to take you to the title company and add you to the deed. That is the fair and right thing to do since (although not legally) you do own half of that house because you contribute at least half to it as well. But do keep in mind that if your name is now on the deed and you do divorce you need to force him to refinance in his name only again because if he continues to live in the house and stops paying the mortgage than you may be responsible for it as well.
Perhaps selling that house and buying one together might solve this issue as well and should be considered. It would give you a fresh start as a family and perhaps a new perspective on your marriage.
That is really crappy that he treats you that way. Obviously he has issues and it is good that he is trying to fix it, but I do think he needs more than one day of anger management. A lot of men think that stay at home mom's don't contribute, they just don't get it. You are not alone. You DO contribute, the house theoretically is half yours, and you deserve better treatment than you are getting. His family has no business getting involved in your marriage either, and there are creative ways to politely but firmly let them know that.
Marriages are not easy, they are a lot of work. Keep working at it and as frustrated and irritated as you are, stay pleasant and be nice to him. Only you can control how you feel and act. What you say and do will either add to the tension in your marriage or it will help keep things running smoothly and happily. It's your choice.
Good luck to you, and start praying for him.
Edit: I just read Suz T's answer and it reminded me of a Suze Orman show I saw (or maybe she was on Oprah that day), and if I recall correctly she suggested that you open a savings account and put all extra money you get in it. You should have your own security 'nest egg'. If there is a way to get an account in someone else's name, like a sibling, your mom, etc. do that so you then don't own it and he would have no knowledge of it. You can deposit money into it but would need them to get it out. It must be someone you trust completely and do not tell anyone (not your kids, not even your friends) about it. And make sure you don't leave deposit receipts laying around the house. It may feel sneaky and devious at first, but it's your right to feel comfortable about your financial future.
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D.S. answers from New York on July 12, 2010
I would think it depends on the law of the state you live in. Legally I am sure if it is not paid off if is both of yours, in his mind however ( which is more of a concern to me) it is HIS!! And that SUCKS!!! He sounds like a selfish man with a selfish family. Protect yourself and get a consult with an attorney and see where you stand. You have two babies to consider!! I wouldn't want to live with that worry. I would think with you home caring for two babies, unemployed you would have all of the legal rights, but I would still check. If yo have no money of your own then maybe your family will loan you the money for a legal consultation and find out!!! Marriage is a partnership. Good luck!!
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S.S. answers from Chicago on July 12, 2010
I do not know CA state law, so hard to say, but I am sure you have a shot at it if you go to court, but do not leave it (at least in IL that is considered abandonment and I did it and lost my house!! Got the children though, the best deal on this planet was having them) So you see a house really is a frame to live in and if you are cleaning it, I'd stop since it's not yours and I'd seriously do this: start saving at least ten, twenty dollars a week somewhere. You aren't in a hurry for anything right? And that is so possible. And put it in a hiding place, bank account whatever, probably a good hiding place and voila, you've got something of your own. And it adds up, believe me. Then when he says get out you can say ok. And take the children and run. This man doesn't sound very loveable. In fact he doesn't sound nice, or kind or fun, or helpful, so why not let him clean whatever he messes up. You are still allowed to keep your portion clean. squatters rights. Sorry, but this man is a selfish monster. Good luck.
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