Going Through A Divorce: How to Get Your Spouse Out of the House
When there are assets involved in divorce, it can be hard to know how to proceed.
Divorces are hard enough as it is. Granted, there are going to be mixed feelings toward each other.
Whenever there is a divorce in the process, often the best thing to do is for them to live in separate living places. But what do you do when your husband or wife won’t leave the house? Such is the case in the following story.
How do I Get My Soon-To-Be Ex Husband Out of My House?
Solomon asks Law Advice Now,
My friend is going to file for divorce soon. She’s been trying to kick her husband out of the house so they can have a more peaceful separation. Can she file a restraining order to get him out of the house? What are here legal options?
Solomon, your friend has many possibilities.
When you have a spouse who is unwilling to move, you are going to have to get the law involved.
It is not anybody’s right to simply toss the things on the front lawn, like you see in the movies. There are many rights that the husband has too.
Here are some options your friend may have:
- File a temporary exclusive occupancy order – This is usually free to file and you will be able to have the court recognize it. They don’t want you to live with someone in hostile living conditions. This will hopefully make him leave. There are some states that require that you give him 30 days to get out and the court will have that information. You can go to court and get an order of this and you are going to be able to have a form filed out.
- You are the owner – If the home was owned by you before your marriage and is in your name alone, you just need to tell him to pack up. But once again, follow the 30 day clause. If the home is jointly owned, then you cannot force him to leave since he is an owner as well. If you want him to leave and he won’t, you need to go to court to get sole temporary residence of the home while the divorce is pending.
- Always be prepared – Once the divorce papers are ready, the divorce attorney can make a motion for exclusive occupancy of the home, forcing him to leave. It is a long process that can be shortened if you have the right amount of time to make sure that everything is good. Understanding the rules of the divorce proceedings can be easily done by asking your lawyer.
In everything that your friend is going to do, they have to make sure that they have everything that they need. Your friend has many rights already and it is simple to say that they are going to win the case if they own the house. It can be a hard process but it makes for more peaceful living conditions.
Your friend has a right to everything that is in the clause.
When you have the 30 day clause, you protect yourself from any future lawsuits with the ex.
You never can really know if everything is going to be alright or not unless you cover all the basics and get all the documentation that you are going to need.
Good luck and hopefully everything works out well for your friend. Always remember to cover your basics and make sure that your lawyer knows what forms you want to fill out and which action you should take in the matter. Divorce is never fun, but at least you can make it less stressful on your part.
What happens if the child can stay in the above mentioned drug house. He makes $11,000 more a year the my daughter and the judge didn’t even give her enough money to make their $800 house payment. He gets all of her retirement because he told the judge that Amber had taken $8,000 dollars of their money (They didn’t ever have that kind of money) My daughter had proof of every dime she spent for the entire year that this divorce happened. She doesn’t have enough money to pay her electric bill where the child is with here half the time. She ask her X to help and he said no. Because of the judge doing what she did he is still mentally controlling my daughter. Can anyone help us with this mess. He attorney took here for $10,000 and didn’t do a —thing.
My daughter got taken by her attorney and the judge. Everything I’m reading is telling me that the judge was not to control her life and that the judge can’t decide what her support should be and has to take into consideration that the mother is still the mother when it comes to custody. The reason she was in divorce court was because her husband went from mental abuse to physical abuse which the judge acted like it didn’t happen The house that she now allows my grandson to stay with his father is a known drug house and they use and grow. There is also a known bully that lives in the house. The judge knew these things and did it anyway. These were admitted to in front of the judge.
Thanks. We are going to have to go back to court.
anyway, what happened to the couple, don’t hurt the children, that’s the most important