Need to know rights/options for getting out of emotionally abusive relationship with father of child, who co-owns house
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Need to know rights/options for getting out of emotionally abusive relationship with father of child, who co-owns house
My friend is in an emotionally abusive
relationship. She has a young child with
the abuser and isn’t married to the
father, but they live together and co-
own the house they live in. His mother
also lives in the house,but isn’t on the
paperwork.
The situation is getting worse and worse
and she wants out,but doesn’t know what
to do or where to go,as she can’t afford
a lawyer or a home on her own salary.
She asked me to try to researchfor
her,but I’m at a loss myself with how to
help.
Any information would be appreciated
Asked on March 6, 2019 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) Ignoring the house for the moment, she can leave her abuser whenever she wants, but cannot cut him 100% out of her life due to the child they have together: she can't keep him seeing his child (if wants to), but would also be entitled to child support if she is the main custodial parent.
2) As to the house: whenever non-spouses own a home together and cannot decide mutually what to do with it (e.g. one wants to sell, but the other will not agree to either sell to third parties or to buy her out), a co-owner can bring a kind of legal action in county court commonly called an action "for partition" (that was the term at common law; your state may have a different name for it). In an action for partition, the court can order that the house be sold and the proceeds (after paying the costs of the sale and paying off any mortgages, liens, etc.) be divided between the owners.
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