Please consult with a lawyer sooner rather than later. A free consultation should put you on the right track.

Best of luck to you.

hopefully you have an attny...if not GET ONE!

Each state has different laws regarding divorce. But in general, just because the house is in his name it doesn't mean you wouldn't be granted it in court. If he gets the house it also doesn't mean he automatically gets full custody. It all depends on what is in the best interest of the children and what transpires in the discovery and dissilusion process.

You don't have to own a home. You can live in an apartment until you decide it's time to have that home for you and your little one.

Talk to your atty. about this. Joint physical custody might mean he is trying to get out of child support. My girls are all married now so I'm not current on child support payments.

our house is a fixer upper big time so I couldnt manage it myself otherwise I would want it. I think he should AT LEast help me with a little downpayment on a condo/townhome in a nice area for my son where we will be safe living alone. Hes not wanting to pay any support or help us move out. Very selfish. Currently he sleeps on the couch and I cant stand the sight of him. We have to interact because our house only has about 900 sq ft living space. Its awful.

This was one of my main concerns when my divorce started.

But I have since learned two things.
1. Being that you have been a non working stay at home mom for the past umpteen years, the court is NOT going to penalize you for that. Instead they look at that as in your favor.

2. Joint custody does NOT mean he doesn't pay support or alimony. It simply means that you share parenting decisions. He still has to provide insurance, living expenses and necessities.

Please get an attny asap.

Well, um, not trying to be blunt here, but that man is going to have to come to terms with paying some sort of child support. It sounds like he doesn't want to face reality. So you will have to work a bit harder on your and your son't behalves. See a divorce attorney ASAP. Or go interview a few.

Go enroll in some parenting classes, and make sure your personal life is so squeaky clean at this point that anything about it could be published on a billboard on a busy freeway. I'm serious. I very nearly shot myself in the foot due to my drug use during my divorce. Keep everything in tip top shape and above board OR it could be used against you in family court.

Keep your wits about you, and know that this too shall pass.

Thank you for all of your support and responses. I have a lawyer appointment and have interviewed two in the last few weeks He is very narcissistic and selfish and his big concern is his 2000 square foot studio he doesnt want ot lose. He never once said, " ill make sure you and the baby are set up in a decent place when you leave" or you can live here with the baby till you find suitablee housing." He is still here and stays on the couch. There is so much tension at home I hate it, and him. I wonder if I could go for the house and they can make him move out! That will buy me some time to get my own little home for my son and I . I only work part time my son is u nder 2...

I live in NY. I had a friend that married a guy who she had 2 additional kids with (the first was hers from a previous relationship). She quit work when the first joint kid came along, and hasn't worked since then (20 years). The house was in both their names. They got divorced, and she got the house, plus a huge amount of child support until the kids each turn 21. The guy was decent, she was a bitch to him. You should make out ok. Don't know about where you live, but the general rule here is 18% of his gross income minus fica for one child. Plus they pay half of all additional expenses (clubs, sports, lessons, doctor bills, etc.).

Will you get full custody?

Maybe. Depends on where you live and the judge. Him working long hours may or may not be taken into account.

Even if he gets 50/50 custody, you may get child support (if your incomes are similar...you won't....if they're very much different, you'll get something).

See a lawyer.

Oh and the house should have nothing to do with it.

So , the judge awarded me supprt ad he is really angry over that. Im tring to buy a condo and the process is taking so long that I may bail on my dreams of being a homeowner and just renting a place for my child and I. The sad part is rent here is the same as a mortgage. Seems likea waste of$$. We go back to court in Sept. The ex thought he was going to have C.S reduced but he is coming into a large settlement and will be making triple me. Its sad he wont take my son any other time than the court appointd time. HE doesnt work summers and still does not have time.

If I were you , I would definatley consult an attorney. If you were interested in stayin in the home or keeping it, dont leave. Once you leave its harder to keep (also depends on situation) In my situation my ex wouldnt leave because it was "his" house, but we couldnt stay together because he became violent and in front of my children. So I fled with my children.(4) I was only working part time and had no $, he wouldnt give me a dime. Everyday I had to come back get food and do laundry and then leave. I threatened child support and he threatened to take my kids and say i was a bad mother. He put a phony restraint order on me and kept my kids away from me for 10 days!! (my baby was only 2) It was awful!! long story short that was 2 yrs ago, the judge went with his story ( that I left the marital home AND left the kids with him) and although we hve shared legal custody, he is the parent with primary residence and he got to stay in the house. ... since then ive moved 2 x. - protect yourself legally. if he is too selfish to leave now, what makes you think he will "help" with a downpayment unless its court ordered. And yes once your home is sold you are entitled to half.. Im not sure of your area but the market stinks so it could possibly take longer to sell..... Just look at all options and again! Protect yourself legally!!