trying to keep my home for my kids

[tpa1969]

Hi everyone, my husband is going to move out of the home and I want to rent the basement out because I can not afford to keep the house on my own. I have a four year old, a teenager and a grandson living in this four bedroom house. I have a trusted friend who is going to move into the basement which will help me with the bills. I have a better job next year after I graduate from school and just need a little help for a year. I want to refinance my home to get his name off. Can I do this using the rent money I get from the friend? My husband makes more money than me and has a cleaning business. He is not paying bills the way he used to and I am suffering so I need him to leave so I don't loose the house. I need child support and allimony and not sure if I qualify for it. We have been married for 6 years. Not sure what to do he is pressuring me to sell and I don't want to upset the kids.

 

[Duranie]

After only 6 years of marriage you might get some temp. alimony but you need to ask for it when you file for divorce. Have you seen an attorney? You should ask for an order of temp. child support and alimony. If you do not work, I recommend at least finding a part time job.

Until court orders tell your husband to do so, he technically does not have to move out. If you do not want to sell the house then don't but you will need to find a way to afford it and eventually refinance into your name only. If you can get your friend you sign a lease agreement, that probably will help you get approved for refi. Also keep any checks once they clear your bank he gives you for rent, the mortgage company will want to see he paying his rent.

If your husband has a cleaning business, he is slef employed therefore it is going to be hard to prove his income. Don't be surprised if he claims he earns much lower in order to avoid paying alimony or much child support. Hopefully you have the taxes you guys have filed the past couple years, and bank statements.

 

[tpa1969]

Response to Duranie

Thank you for your response. I work full time and go to school part time and will graduate in two semesters. My husband also works full time for the post office in addition to the cleaning business. We also both own a time share that needs to be figured into the mix. Yes there will be a lease agreement between my friend and I. My husband and I both have lawyers but I am not sure of the right questions to ask him. Why only temp allimony? How is it determined how much I should get? Also he volunteered to go because I told him that I was not going to sell the house. The car that I drive is under his insurance and he wants to kick me off. Can I have the courts order him to keep me on until the divorce?

 

[Duranie]

Alimony is generally only given to long term marriages, which you do not have, or to a stay at home non working or low earning spouse. You don't get alimony just because you are married. If he makes considerably more than you, you might get a little but the fact you are employed full time means that you might not qualify for alimony. You need to ask for it and fight for it since I am sure he will not willingly pay. The courts are not going to make him pay unless there is a huge difference in incomes, generally.

You are entitled to split the assets and child support.