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

    Nov 15, 2008, 07:35 PM
    Husband does not want to leave
    I started the divorce process on Oct. 3rd. My soon to be ex-h refuses to leave until the divorce is final. Is there anyway I can get him out before then?
    Credendovidis's Avatar
    Credendovidis Posts: 1,593, Reputation: 66
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    #2

    Nov 15, 2008, 07:57 PM
    It may help to answer this question if you can provide why you find that necessary...
    For instance : if there was violence involved it would be a good reason to demand that, and there would be ways to get there.

    :)
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 15, 2008, 08:02 PM

    Well first why do you assume you are going to end up with the house ?

    That is what the divorce court decides.
    div2wice's Avatar
    div2wice Posts: 103, Reputation: 1
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    #4

    Nov 18, 2008, 06:57 AM
    Unfortunately, I do not believe there is. Like the other post said, unless its already been determined by the court who gets the house, and since you two are still legally married, you have no right to force him out. Basically you don't have the right to say its now your house and he should move.

    The only thing you can do if you want to be away from him is move out yourself. Take your things and move to temporary housing until the divorce is final. If you want the house you need to make it clear in the divorce documents, then the court will decide. If neither of you can decide, you may be asked or ordered to sell the house and split the equity 50/50. Its best to decide this out of court if you can, otherwise you'll leave it up to the court to decide which may not be in your favor.

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