Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

In separation or divorce, who gets the house and custody of children?

My husband makes a lot more money than I do, but he is absolutely dumbfounded when it comes to taking care of our daughter. When she is crying, he just yells at her or stares and her, instead of trying to figure out what's wrong. She's a year old, and I'm not sure if he even knows how to tell if she's hungry.

I'm fairly certain he'll let me have full custody, though I'll allow him weekends. But I'm more concerned about the house. We rent a house from someone he works with (which is probably an advantage on his part). The rent is only $275 so it's something I can handle myself. Can you dispute rented property in a divorce? Or would we both just have to find somewhere else to live?


Asked by Anonymous at 11:36 AM on Jan. 9, 2010 in Just for Fun

This question is closed.
Answers (3)
  • Rental property isn't covered in a divorce. You two decide who stays and who leaves. The court is only interested in dividing marital property that is owned together. If you want custody then just ask for it. You hire an attorney and tell him/her what you want. If you and dh can work out things easily then just use one attorney. If you don't agree on everything then you both get an attorney and negotiate through them. Just tell him you can't afford to live in a more expensive place and for him to leave and find another place. Remember that he has to pay you child support (google child support calculator for your state).

    Answer by admckenzie at 12:01 PM on Jan. 9, 2010

  • One of you will have to find another place to live. One will be able to keep the place and you may be able to have shared custody if you live nearby.

    Answer by coala at 12:00 PM on Jan. 9, 2010

  • I agree, you can't get the house if it's not a house you own. Besides, keep in mind, since the property is rented from someone that he works with, then there's a good chance that, regardless of what you decide, the owner might decide to raise the rent, or ask you both to move, or say that he doesn't want to keep renting to you.

    As far as your child goes, it sounds like he won't give you too much hassle over getting custody. But like the pp said, whether you are able to settle things and divide everything up yourselves, and just need it finalized with the courts, or you have to hire attorneys and go that route, you need to make sure that whichever of you gets custody of your child also gets child support.


    Answer by sailorwifenmom at 12:08 PM on Jan. 9, 2010

Next question in Just for Fun
Do you get your child in for free?

Next question overall (Pregnancy)