I hope you all don't consider this inappropriate since the underlying topic here is a serious matter. If it is, I apologize. But I need help in settle a question. A bunch of us on a board are engaging in a debate over a story line. A couple on a show is feuding big time. The woman married a filthy rich man and moved into his mansion. Now he is demanding she move. There are many who say she is trespassing and that he has every right to kick her out. I, on the other hand, am leading the charge for the few who say "NO WAY". She's his wife and has every right to stay there if she so chooses until a Divorce Judge decides one way or the other. What do you all say?
Thanks, in advance, for responding. I know it's silly but hey, I dont' have a life. LOL
2007-03-28 05:35:10 · 24 answers · asked by Q&A Queen 7 in Family & Relationships ➔ Marriage & Divorce
Look at all you smart people... thanks for responding.
Now to clarify I'm discussing the immediate situation not whether or not she gets to keep the house after the divorce. He wants her out and NOW!! (pregnant by another man go figure
2007-03-28 05:47:43 · update #1
This is very simple, and there are only two options:
First option: they got married and never did any pre-nuptial agreement or any other agreement after the matrimony. In this case, by law, all of their possessions become 50% property of each other. So, his house is now half hers as well, so she has the same right to be there as he has. Same with anything else they have.
Legally he has no right to ask her out anymore, same as she can not ask him out. The only way to do anything now is either signing an agreement (legal agreement) or disputing it all with their lawyers involved. Unless there is a legal reason for him to ask her out (she did something bad and illegal and he can prove it), a judge will more likely call it even and will rule to either sell the house and divide the money (assuming there is a divorce), or will have to analyze the problem and come up with a conclusion of who has the “right” to stay in that house. Either way, it must be brought to court.
Second option: they did prepare and sign a pre-nuptial greement, or did any agreement after they got married and signed it legally. In this case, if the house is part of that agreement, and is declared as his sole property, then, and only then, she must pack (if allowed by the agreement) and leave as per his request. Otherwise, he can call the police and arrest her for trespassing after he announced to her that she must leave.
Depending of the state and the local laws, he might be even legally allowed to pull out a weapon to force her to leave as she is trespassing.
Simple.
2007-03-28 06:00:00 · answer #1 · answered by Dan D 5 · 2⤊ 0⤋
If they were married at least a year and didn't have a prenup, then his house became marital property. She would then be able to stay until a judge decides on who gets what and even then, he may be required to pay her for her share of the house if he wants to keep it.
If they were married less than a year, then she may as well move because there's no chance the judge will award her anything. I still wouldn't consider it trespassing if she stayed, just more like beating a dead horse.
This is only an opinion, I don't know about laws.☼
He may be able to have her evicted, but if she's not willing to leave o her own, that could take a year to get her out. Evictions aren't quick. Although if she is pregnant with another mans baby, morally she should move. How do we know the baby isn't his? Just because she slept with another guy, doesn't necessarily mean the baby isn't her husbands (unless he had a vasectomy or something, but even then stranger things have happened).
2007-03-28 05:49:02 · answer #2 · answered by ? 6 · 1⤊ 1⤋
The only thing i know for sure is my first ex told me to go and like an *** i did and the judge said it was abandonment so i was the bad guy .My lawyer never told me i could stay that it was just as much my home as it was hers until after the divorce . So she should stay and the man get violent with her then she should call the police and have him put out for domestic violence and have a wild party while he,s in jail for getting physically violent with her like a black eye or something after he back handed her .
Pregnant or not still her home and has yet to be proved who's the kid is
2007-03-28 05:59:27 · answer #3 · answered by Anonymous · 2⤊ 0⤋
By this being a from of screen test you would wont this to be handled. should she be able to stay she should be able depending on the matter if she should leaves .if she is in the wrong and has done something yes should leave, but by being the women you can't just throw a women out on DA street because; they say that a man should be able to get some were to stay if he provides a shelter for him and her. to make the show better you should split DA mansion in half His and Her side. or give him DA pool house and her DA big house. i can help u have a life
2007-03-28 06:01:49 · answer #4 · answered by LaCruz Rey 1 · 1⤊ 0⤋
This is all guess work on everyone's part. She needs to contact a lawyer immediately, find out her rights, and follow his/her instructions. And, the results vary from state to state...She may or may not have claim to any property. Only a lawyer can tell her that. IT is not a divorce judge that decides on most things, it is the laws of that state that are already in place. Good luck
2007-03-28 05:51:38 · answer #5 · answered by Anonymous · 1⤊ 1⤋
She should leave.For one he had the house already and she has no legal right to it.And for two if they do divorce she won't have his money to spend anymore so she wouldn't be able to afford the upkeep.And lastly she could use this to her advantage in divorce court.She could play on the courts sympathy.After all her cold hearted hubby through her in the street.So she could probably get a good judgment and make him pay for her new house.
2007-03-28 08:32:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
What is his reason for wanting her to move out?
Just because he is rich is no reason he has to continue to support an unfaithful wife.
I'm not saying she is, just saying that it would be an unreasonable expectation.
If it was his home prior to the marriage, and she broke her vows, I can see his request as a resonable one.
But we need more information before we give a final answer.
Edited to add, you gave the key piece of information, pregnant by another man.
She has no reasonable expectation to stay and should voluntarily leave. This is TOTALLY his decision since she is pregnant by another man.
2007-03-28 05:42:44 · answer #7 · answered by camys_daddy 5 · 2⤊ 1⤋
I say the man is right in kicking the wife out. The law agrees with me as well. Good thing they aren't betting money on your side of the arguement or they would lose big time. Thank you.
2007-03-28 05:55:33 · answer #8 · answered by cookie 6 · 1⤊ 1⤋
I agree with you. Let the courts decide. If the house is big enough the can surely avoid dealing with each other. The guy should have thought about all of that before he married her.
It all depends on the laws of that state.
2007-03-28 05:47:38 · answer #9 · answered by momof2 5 · 1⤊ 1⤋
I would say that she should be allowed to stay. As long as there is no prenup then half of the place is hers. If they were married for a long period of time wouldn't she be able get a set allowance since she is now acustom to a certain way of life and lifestyle. My vote is for her to stay and take everything she can.
2007-03-28 05:42:16 · answer #10 · answered by Kat 2 · 1⤊ 1⤋