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    carlo102's Avatar
    carlo102 Posts: 1, Reputation: 1
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    #1

    Feb 12, 2014, 04:43 PM
    If my wife cheated on me can I ask her to leave
    Married 22 years wife cheated on me and I saw, can I legally get her kicked out of my house, there is NO EQUITY to share we are in the hole big time. She said she has not loved me for over 5 years.
    If I file the divorce and bring it to court can the court remove her. Hoping for an answer in my favor or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 12, 2014, 05:11 PM
    No you cannot kick her out. You can file for divorce and ask that you keep the house and that she be forced to vacate. You can, of course ask her to leave and she might voluntarily do so.

    Any question on law needs to include your general locale as laws vary by area. If you live in a community property state, then you may have to split things equally. Is she on the deed to the house? If so, then there is no way to get her out until a divorce decree.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 13, 2014, 02:09 AM
    No, you an not just kick her out of the house,

    If the house is in both of your name, the ownership of home will have to be decided by the court, it is even possible she will get it. No information is given to determine who may get it.

    You may file for divorce and ask for the house in the divorce
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Feb 13, 2014, 02:46 AM
    • Arizona
    • California
    • Idaho
    • Louisiana
    • Nevada
    • New Mexico
    • Texas
    • Washington
    • Wisconsin
    • Those are the community property states. If you don't live in one, then what you get in a divorce depends a lot on how much money you are willing to spend on a good lawyer. Even if you do live in one, divorce is mainly about fighting over assets.
    • After 22 years of marriage, I don't think a judge is going to give either one of you the house, however, so you probably will have to buy her half out. Who cheated doesn't matter as much as you might think.

    ​If you want to save money, AGREE on as much as you can before you go to court.
    helpwithanswer's Avatar
    helpwithanswer Posts: 5, Reputation: 1
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    #5

    Feb 13, 2014, 01:05 PM
    This question highly depends on state laws. Is it a fault or no-fault state? You can also file temporary restraining orders in some areas and some judges will grant it; some won't. Many factors here to look at. It is not just a simple yes or no. Sorry.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Feb 13, 2014, 01:34 PM
    There are two questions here:

    1) can she legally be kicked out
    2) Can a divorce force her to leave.

    The answer to question 1 IS a simple Yes or no, Its No. The answer to question 2 is dependent on local laws and other factors.

    No judge is going to issue a restraining order due to adultery.
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