My Mom is Cheating on my Dad/Property Issues
My mom cheated on my dad, and we have recordings of her and her boyfriend. We (us children) are telling my dad that he can kick her out the house with no problem, but he says that he might have problems because she is the cosigner on the house. He says that he wants her out of the house but that might affect him because she might take the house. Plus, they are not married. Please, we need help with this problem...
So sorry your family is going through this. I am not sure how old you are, but you have a lot to deal with. First, you might want to find a divorce group that meets near you, called Rainbows.org. They can help you deal with any grief you are facing.
Next, if your mom is inviting a boyfriend into your home, that is certainly threatening to both children and to your father. He should call the police to find out what to do about that. It might be a restraining order for your mom and her boyfriend, or at least, her boyfriend.
As for who owns what, property is split according to your state guidelines, but it's usually about 50-50. No matter what, both of your parents are responsible for the house payments. If your mom leaves willingly, that will be a financial stress, but maybe everyone would be calmer.
Some states consider fault, like cheating, as a reason to award more to one party in a divorce. Ask your dad to get some free divorce attorney consults so that he can find out. If there are real assets to split, it may be important. If there are not, then it's probably better to cut the losses, and if mom and dad don't wish to stay together after this betrayal, then they can break up.
Financial ties must be worked out, and one party can sue the other for debts. And, child support can be requested through the courts asap, so Dad can ask for it if he is staying in the family home with you and your siblings.
I hope this helps,
Jennifer here, letting you know that you can ask any legal question online for free using Avvo. It's a great service that I am happy to recommend, and I don't even get paid for telling you this! You will see this box on EVERY page of the Real-Divorce site because that's how important it is!