Legal Question in Family Law in Kentucky
I live in Kentucky and have been married to the same man for 23 years. My husband now wants a divorce. He has always been the primary wage earner in the family (us 2 and 2 now grown children and one age 16) although I have worked sporadically through the marriage and have always paid my share of the bills. His mother gave us a small house 12 years ago during the marriage but the deed is a survivorship deed between him and her. My name is not on it. He says he wants to throw me and his 16 year old daughter out, sell the house, keep all the money and move out of the country. Can he do this?!
2 Answers from Attorneys
It is possible the property is a nonmarital asset, but it is extremely important that you retain counsel to fight for your interests in the house, and even if you don't ultimately end up with the house, for the time being retain possession of the marital home during the divorce. If you can't afford an attorney, start with your local legal aid office.
You need to consult an attorney immediately. At the filing if the divorce proceeding you can place a lien called a lis pendent on the property to keep it from being sold without your consent. Whether you have an interest in the property is an issue you need to discuss with an attorney, but at the very least you can keep it from being sold right now. You may also have claims for child support and spousal support which you should discuss with an attorney.
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