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    AmyD1963's Avatar
    AmyD1963 Posts: 1, Reputation: 1
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    #1

    May 29, 2011, 10:43 AM
    Eviction of wife. Is it legal ?
    My husband of 8 years has decided he wants a divorce. He owned the house we live in before we were married. We have done a lot of remodling to the home. Now he says he has filed eviction papers on me. Can he really do that. We live in Arkansas.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    May 29, 2011, 10:48 AM

    He can file anything he wants. But I doubt if a court will accept or order an eviction. The Housing Court will send it back to Family Court. Only after the Family Courts rules on who gets the marital home, can he force you to move.

    But if he's asking for a divorce, you need to see an attorney immediately.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 29, 2011, 11:20 AM

    Agree, he can file in housing court, and you would need to go defend yourself. But he would have had to supply you writtten notice first of the eviction. To even file.

    Since he owned the home before you were married ( assuming he has not added you to the deed) most likely he will get to keep the home and you will have to move at some point,
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #4

    May 29, 2011, 02:06 PM

    Make sure that any paperwork that you send to the court involving assets includes the phase TBD (to be determined) and that way the courts will have to rule on ownership before any type of eviction can take place.
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