Answered on Sep 05th, 2012 at 5:41 PM
It may be difficult if there is no domestic violence issue, why should he be removed with all things being equal. You state you do not want the house , but do not want to relocate well you will have to at some point so you better start thinking along those lines soon. The issue of the house is not clear, you state it is under his name, do you mean the deed, and is there a mortgage, and if there is what names are on that. Also, did he own the house prior to the marriage or was it purchased during the marriage. These are all important questions when trying to determine what your interest will be. If the house was owned by him prior to the marriage, RI as well as many other jurisdictions follow the logic that only the appreciated value during the term of the marriage is included as a marital asset, but if he took out a mortgage during the marriage or had one that you contributed during the marriage it could very well change the color of the asset. If the house was purchased after you were married it a martial asset period, does not matter who's name it is in. This is not easy to navigate on your own you should hire a good divorce lawyer, not just a lawyer.