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    robynlyn's Avatar
    robynlyn Posts: 1, Reputation: 1
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    #1

    Jul 28, 2008, 06:49 PM
    Spouse eviction
    My spouse and I are divorcing. The living situation is emotionally draining. He keeps saying he is going to move out but won't. I am fearful to live with someone I don't feel like I know anymore. Although he is not physically threatening, is there any way he can be made to move out before the divorce is final or do I have to let my house go into foreclosure.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 28, 2008, 06:52 PM
    Quote Originally Posted by robynlyn
    My spouse and I are divorcing. The living situation is emotionally draining. He keeps saying he is going to move out but won't. I am fearful to live with someone I don't feel like I know anymore. Although he is not physically threatening, is there any way he can be made to move out before the divorce is final or do I have to let my house go into foreclosure.


    No, you can't force him out. He would be foolish to go because, depending on the State, it would provide you with grounds for divorce - abandonment.

    Why would you let the house go into foreclosure? Would this be an attempt to get him out and also force yourself out? Allowing a foreclosure during a divorce could seriously hurt you financially in the long run.

    Your Attorneys should be handling this and advising you - perhaps an agreement can be made concerning who goes and who stays.
    jlferreira83's Avatar
    jlferreira83 Posts: 4, Reputation: 1
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    #3

    Jul 28, 2008, 10:33 PM
    The person in the house usually gets to keep the house. Since he won't leave, pay half of all the bills (mortgage, utilities, etc.) and keep records of all money spent. Also keep records on a calendar of when he says he will leave. Start to communicate in writing to have records to show a lawyer or the judge. The Court system loves to see good faith attempts and lots of records.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 29, 2008, 05:43 AM
    Quote Originally Posted by jlferreira83
    The person in the house usually gets to keep the house. Since he wont leave, pay half of all the bills (mortgage, utilities, etc.) and keep records of all money spent. Also keep records on a calendar of when he says he will leave. Start to communicate in writing to have records to show a lawyer or the judge. The Court system loves to see good faith attempts and lots of records.


    I'm sorry but this is not legally correct. The person in the house does not usually get to keep the house. Many factors are involved (including abandonment) and in most States when there is joint ownership, joint property, it is divided property and has nothing to do with physical presence.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 29, 2008, 05:46 AM
    You need to talk to your divorce attorney. You may need to put a separation agreement in place so he can move out without affecting his interests in the property.
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