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

    Jul 26, 2010, 03:49 AM
    My sister is going through a divorce.. can husband evict my parents who are visiting her
    My sister is going through a divorce and my parents have gone to the US to help her through this time... her abusive husband has threatened to get my parents thrown out of the house.. can he do so legally? My sister and her kids are still in the marital home and he has moved out to a condo..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 26, 2010, 04:24 AM

    Who owns the home? Your sister, the husband, both?

    If HE owns it, yes, legally he can evict them as unwanted tenants.

    If he files for eviction would HER divorce Attrrney make this cruel and inhuman treatment attempted eviction part of the grounds for divorce? Of course.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jul 26, 2010, 05:16 AM

    First, since this is a legal issue its been moved from the Marriage forum.

    If they are just visitors and have not been there long an eviction is not applicable. However, whether she is an owner or not, its clear this is the marital home. Therefore, he can't have them thrown out as she has a right to visitors. The fact that he has moved out, strengthens that.

    And, as Judy pointed out, her divorce attorney would have a field day with him trying to throw them out.
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