Legal Question in Family Law in Connecticut
I began dating my Fiance' in May of 2010. Shortly after that we found out that she was pregnant and our child was then born in March of 2011. When we found out she was pregnant I moved out of my apartment which I was renting and moved into the home she was renting with her 3 year old son from a previous marriage. We lived their together and shared the expenses of the home. I then decided to propose to her in May of 2011 and shortly after that I bought a house (in my name only) and we moved into that house together (the four of us) (our child, her child, my fiance and myself). We are now experiencing great relationship issues and attending couples counseling to try to save the relationship, but I would like to know if we did not stay together would she be entitled to live in the house that I bought (because she would most likely have the kids full time) and would I be entitled to charge rent if she did stay in the house? Would I be legally allowed to force her to vacate the property (obviously I would allow her time to make other living arrangement)? If she did stay in the home and could not afford to pay fair market value rent to me, can I deduct that from child support since I would be required to pay the mortgage and possibly the utilities on the property that she would be residing in with the two kids? Based on my income, if I had to pay her child support and pay the household expenses for my house that she resided in without her paying rent, I would not be able to afford a place for me to live and would create a financial hardship on me. Your advise would be greatly appreciated.
2 Answers from Attorneys
She wouldn't be able to stay in the house without paying rent. You could evict her. You could also come to an agreement with her to offset the child support with the amount of the rent she should be paying. But get everything in writing.
You have a complicated situation. You should seek out counsel.