Advice on property
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Thread Starter
Join Date: Aug 2012
Location: Cincinnati Ohio
Posts: 6
Advice on property
My AH just finished his 11th inpatient treatment with another relapse. At the airport on the way home just as he did 4 other times before. Last Friday he was arrested for disorderly conduct while intoxicated and resisting arrest. I mean this is just sick and dysfunctional. I'm so fed up I can see straight.... Anyways, we bought our home before we got married 8 years ago and it was only in his name. At the time he was just at the beginning stages of this deteriorating disease so he was still working and had a much better paying job than me. Fast forward to today the house is still in his name not mine but clearly I pay everything as he hasn't worked in two and half years. I am in contact with my lawyer but he's on vacation for the rest of the week. I was wondering if anyone has been in this situation and so I have a chance at getting the house and having him removed from the house? He was released from jail on Monday and has been drunk since yesterday which the judge gave strict orders for him not to drink. We have two small children and our home is very affordable and I very desperately want to stay there but of course have him removed somehow someway....
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Join Date: Dec 2011
Location: Dallas TX
Posts: 2,282
I'm not a barrister. Go see yours.
That being said....with 2 small kids? I would imagine it's a done deal.
Not familiar with OH law (Calif. is a community property state).
The courts are very sympathetic in these (very familiar) situations.
The overriding societal imperative (raising healthy kids in a healthy home)
will summarily steamroll any resistance to said objective.....kids need a fair
shot in life.....something not possible in a diseased domicile.
That being said....with 2 small kids? I would imagine it's a done deal.
Not familiar with OH law (Calif. is a community property state).
The courts are very sympathetic in these (very familiar) situations.
The overriding societal imperative (raising healthy kids in a healthy home)
will summarily steamroll any resistance to said objective.....kids need a fair
shot in life.....something not possible in a diseased domicile.
Member
Join Date: May 2010
Location: USA
Posts: 13,560
I would imagine he is on probation? Can you not make a simple phone call to his P.O. and report that violation?
My state is community property state also, so half would be his, half yours. Not sure about your state, I am sorry.
Sounds like if you give him enough rope he will have himself in jail for quite some time.
I am so sorry.
In case your attorney did not advise you to...document, document. Be able to PROVE to the P.O. or judge he is in violation. My AH pays w/his debit card, I have receipts, photos of alcohol in his car, etc.
My state is community property state also, so half would be his, half yours. Not sure about your state, I am sorry.
Sounds like if you give him enough rope he will have himself in jail for quite some time.
I am so sorry.
In case your attorney did not advise you to...document, document. Be able to PROVE to the P.O. or judge he is in violation. My AH pays w/his debit card, I have receipts, photos of alcohol in his car, etc.
Member
Join Date: Sep 2005
Location: Houston, TX
Posts: 2,126
Since the house was bought BEFORE y'all married, and only in his name, it's legally his [community property does not apply to property brought into a marriage---what was yours (in your name is still yours), and what was his (in his name is his)], like the house. Of course, you've been making most of the payments, etc. and this should be brought out by your attorney. Get ready for a possible fight.
(o:
NoelleR
(o:
NoelleR
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Join Date: Feb 2013
Location: W Washington
Posts: 11,589
i'm no expert, but as a homeowner (3rd home now) and a divorced person (2 times), it is my understanding that what you bring IN to the marriage remains your property. plus you are not on the loan or the deed. this obviously needs some legal advice! but I would be considering alternatives.
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Thread Starter
Join Date: Aug 2012
Location: Cincinnati Ohio
Posts: 6
Yes I have tried to not pay the mortgage in the past and since we are married somehow a foreclosure still effects me so I caught up on payments so I wouldn't ruin my financial background. I cant wait for my attorney to get back from vacation. Im about to snap.....but thank god for my parents they are giving us a safe place to stay until this is sorted out. Who would sacrifice their freedom and continue to drink? It is so hard to digest but ive been here the whole time for him and I am ready to live MY LIFE!
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Thread Starter
Join Date: Aug 2012
Location: Cincinnati Ohio
Posts: 6
He is currently out on bond and his court date isn't until the 27th. My family is telling me to call the police on him but im a firm believer that things happen for a reason naturally and interfering with that could prolong the inevitable. I dont know anymore im still in disbelief that hes still drinking and cant stop.
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Join Date: May 2010
Location: USA
Posts: 13,560
Maybe your family should call the police. You do have two small children to keep safe, please think of them first in all of your decisions.
Yes, it is amazing what they are willing to lose to continue on with their addictions.
Hugs.
Yes, it is amazing what they are willing to lose to continue on with their addictions.
Hugs.
Originally Posted by lsams34 
He is currently out on bond and his court date isn't until the 27th. My family is telling me to call the police on him but im a firm believer that things happen for a reason naturally and interfering with that could prolong the inevitable. I dont know anymore im still in disbelief that hes still drinking and cant stop.
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