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Divorce and base housing

who's talking here?

MylilZombie 1
Donny 1
Giggle Butt 1
shesfromthevalley 1
SouthernDream 2
YouReallyThinkSo 3
MommyX2 3
AmberUSMC 1
AnonymousWife 1
Poe 3
HomeIsWhereTheMCSendsUs 1
HavingaBOY 1
Movinsoon 1
SoonToBeJD 2
Jessy495 1
a3716770uu 4

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a3716770uu --- 6 years ago -

Does anyone know if I file divorce on my husband would I still be aloud to live in base housing until divoce is final or do I have to leave right away we have 2 children so I'm not sure if they'll make me move? 

shesfromthevalley --- 6 years ago -

You should get the house until the divorce is final. Thats what I was told back when me and my ex split. 

Poe --- 6 years ago -

I think it depends on the situation. 

Jessy495 --- 6 years ago -

Am just wondering here but would housing still be pay with his BAH do? 

a3716770uu --- 6 years ago -

thanks we only have 1 vehicle would I be able to keep that? I dont have a job what about the money to buy basic things for my children up until I get a job?? please and thank you 

Poe --- 6 years ago -

is the vehicle in your name? His? Or both? He'll have to give you a set amount for things the kids need but its not usually a lot. 

a3716770uu --- 6 years ago -

Its under my grandmothers name who raised she had good credit at the time shes the primary holder my husband its second on the title,so they're both on the title not me I would really need the car to get a job 

a3716770uu --- 6 years ago -

anyone? 

AnonymousWife --- 6 years ago -

I guess that would depend on the primary holder of the car. You can call your grandmother and make arrangments with her. 

Poe --- 6 years ago -

Someone would need to pay it off to get the title. Unless he wants to sign it completely over to her and she wants to either sell it to you or put you as joint on the loan. 

YouReallyThinkSo --- 6 years ago -

From what I am told they will give you notice to move out of base housing. But every situation is different. You should look into moving back home if its a option since you dont have a job and have two kids. It sounds like you are wanting everything, the house, the car and money. I dont know your situation but from what I have seen they wont give you all that, specially if you are the one filing. Is the car paid for? Can you make the payment? That will probably be a factor. 

HomeIsWhereTheMCSendsUs --- 6 years ago -

Your best bet is to go to legal on base.

It also depends on WHY you are filing.

Abuse, Cheating, Etc. That will definitely factor into the courts ruling for what you get.

You will get child support for both children. 

Movinsoon --- 6 years ago -

If you have family support then go home with your kids and find work there. Can your parents support you until you get on your feet? Unless you have a good skill here for decent employment wages even with child support it would be hard to make it here. Good luck! 

HavingaBOY --- 6 years ago -

if your name isnt on the car its going to be very hard for you to keep the car...if this isnt an easy going, joint divorce he may try to take it from you and since your name isnt on it its going to be hard to argue it. Also, dont leave the state during this time period with ur kids...unless you get an okay from him because he can claim that youre stealing the car and the kids...its a california divorce thing (idk if its the same elsewhere, but i know they are strict here) 

SouthernDream --- 6 years ago -

When you file for divorce you

A) have to state what you want and what he wants

B) you can NOT take the kids out of this state until the JUDGE grants otherwise and divorce is FINAL

C) You CAN stay in base housing until the divorce is final

D) He HAS to provide a roof over your and your children's head, food on the table, clothes on your back and kids, and transportation since YOU have the kids...

E) If your grandmother is primary on the car it is between him and her to fight it out he can NOT take the car from you since it is ALSO in your g-mas name.. 

SouthernDream --- 6 years ago -

Is the car paid for? Can you make the payment? That will probably be a factor.

This does not matter.. if the car is paid for or not.. or if she can make the payments.. one of my husband's marines got a divorce.. she opened up credit cards in his name and he never even knew about it..they have one child and she did not work and they have 1 vehicle.. well the judge granted her their child.. HIM to PAY for their truck and SHE gets it.. and for HIM to pay of all of her debt (the credit cards that she opened in his name) AND pay child support..

It ALL depends on the judge 

SoonToBeJD --- 6 years ago -

You need a lawyer. Family court is different every single time because their are guidelines to be interpreted by the judge, but no hard rules to follow. California is a community property state, so assets are divided. Custody split depends on what the mediator recommends and if either party disagrees with the mediator, and they can't reach agreement on their own, it'll go to an evidentiary hearing. The judge will almost always take the mediators recommendation. Bottom line, if you want the car, primary custody, child support, and alimony, you NEED a lawyer. 

YouReallyThinkSo --- 6 years ago -

Im pretty sure it states in your lease for housing that once you separate you have to give your 30 days. Being a mil wife for a few years we have seen a lot of divorces and not once was the wife aloud to stay in base housing even with the ones that had children. Every single one we have seen is the Marine had to give the wife a percentage of the BAH and around 300 bucks for child support. Which wouldnt be enough to support you and your children. I would go home and file for divorce once you are home. 

YouReallyThinkSo --- 6 years ago -

But all situations are different. I would call base legal and they can give you better answers to your questions. 

Donny --- 6 years ago -

UGH. Please talk to base legal or hire a lawyer to get correct/accurate information. So much bad/wrong information on this thread already....

For example: ANYTHING acquired "during" the marriage is considered community property regardless of who's name is on what.

As far as base housing...yes you will remain in the house because the military can supply him a barracks room. Consider the base house yours and your children's until a divorce is final.

Coming to the PU for legal advice is usually a bad idea way too many PU lawyers on here! lol 

MommyX2 --- 6 years ago -

When I was fown at the Del Mar housing office getting a new gym card, a marine was there. and I overheard(snooped) him telling the housing lady they seperated a over 2 months back and he wanted his BAH back because he didnt want to be in the barraks. She said that if he chose to give his 30 days he could, and she could techniacally tell the wife she had 72 hours to get out since she had already been there for so long without the service member there. He said he wanted to do that and so the housing lady called. (keep in mind i only heard the housing ladys part of this discussion) The housing lady said well we were alerted by the command that he was in the barraks. (Not true, he was sitting there) Then she proceeded to tell her he was not there (Im assuming the wife had asked if he was or had came in) and then the housing lady went on to say that it didnt matter what the command or pmo said (Because im guessing she said one of them said she could be in the house) and that if they were doing anything other than a "command issued cooling off" (I dont know what that is - maybe you do) She had 30 days to vacate, and since she had been there for so long without the service member and without notifying housing, she now had 72 hours to vacate the premises because according to housing regulations housing is for familes of a servicemember stationed at this base, and if he isint in the home it doesnt count, and they were keeping a house that someone else could use. (Im pretty sure the wife was crying at this point because) The housing lady said "IM SORRY YOUR UPSET BUT THESE ARE THE RULES, YOU WILL BE ISSUED A WRITTEN NOTICE BY THE END OF THE DAY"

Disclaimer: This was all me being nosey, and putting two and two together about what the wife said, and overhearing the marine and the housing ladys convo. 

MylilZombie --- 6 years ago -

your allowed to stay in base housing until the divorce is final they CANNOT actually kick someone out unless they have a good reason (house is disgusting or housing rules are being broken) i was told this from housing, my ex's command, and base legal 

MommyX2 --- 6 years ago -

As far as money, and the car, My gf got the car, and the command set an amount her hubby had to give her every month (im sorry i dont know how much it was-i didnt ask because we were friends with both of them and didnt want to get in the middle)- that is until they got back together like to weeks later. 

Giggle Butt --- 6 years ago -

Mommyx2 that did happen to someone I knew. She found out her husband didn't tell her. He went to deploy and housing came for the inspection. She had 72 hours notice and not going through divorce. 

MommyX2 --- 6 years ago -

Mommyx2 that did happen to someone I knew. She found out her husband didn't tell her. He went to deploy and housing came for the inspection. She had 72 hours notice and not going through divorce.

Yeah, if the husband says hes not gonna pay, and fills out the vacating the premises form - HOUSING WILL BE SHEISTY! Ive never had an issue with them, but ive seen some stuff go down with my friends that was no joke. Theyre out for thier money, if their not getting it from you, theyll get it from someone else. Its sad. 

SoonToBeJD --- 6 years ago -

UGH. Please talk to base legal or hire a lawyer to get correct/accurate information. So much bad/wrong information on this thread already....


A lot of the info posted is ridiculous! I also voted get a lawyer.

For example: ANYTHING acquired "during" the marriage is considered community property regardless of who's name is on what.

100% correct!


Coming to the PU for legal advice is usually a bad idea way too many PU lawyers on here! lol


Maybe when I pass the bar next summer I can be PU's legal rep lol. Only if I get paid tho ;p 

AmberUSMC --- 6 years ago -

I have a friend who's wife just got kicked out of base housing because he wasn't living there. This was down in San Diego, but I think it's the same up here. If the service member is not living there, then the dependents can't live there. 

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