Need advice/info marriage gone bad

[kplatz]

Hello. I am needing some information for my father. He married his wife in Ohio and now lives in South Carolina. He has been told he has to go through a seperation for a year before he can get a divorce. Well, he has decided to do this, but has run into some problems. When they moved to South Carolina, him and his wife bought a house, but the house was put only in her name. There was NO prenup or anything. She is kicking him out of the house with barely anything. Can she do this? Does he have rights to the house too? There was no adultry or anything commited.
Please let me know what his rights are. Thank you!

 

[Scooterdog]

I hope he has some proof of payments. That would be helpful.

As far as kicking him out, I don't see how it is lawful. He could physicaly throw her out, but that doesn't make it right.

Unless he get's hostile, he should have the same right to live there as she. If she wants him gone, then she can pay his rent until something is finalized.

"

If you hesitate or turn backward while under fire, you're not a Fighter--you're a "Quitter"; and the Devil, himself, hates the person with a rubber backbone. He smells bad burning". Anonymous

 

[lwpat]

It depends on where the funds came from to purchase the house and how long he has lived there. If the funds were marital funds, he owns half the house.

If it was her separate funds, then she owns the house and can tell him to leave. This is probably the best thing to do anyway. An attorney can take a look at the specific facts and determine whether there is a claim the house was transmuted into marital property.