My cousin is getting a divorce from her husband. she had the papers served to him but she says that she has to wait until the divorce is final before she can make him move out.
I never heard of this before, is this really true?
They argue alot and he's being really disrespectful to her (leavin the house a mess, eating up all the food ect.)
i was wondering was there any way that she can get papers to get him kicked out the house?
This was her house before they married.
2007-04-04 12:24:03 · 6 answers · asked by Diamond Princess 313rd 2 in Family & Relationships ➔ Marriage & Divorce
If the home is in both of their names then he has the legal right to be there. You said that the home was hers before the marriage - but the problem is that once you marry the property legally belongs to the husband and wife. Now this only applies if she owns the home. If she is renting and she is the lease holder, I believe that she can have him evicted. But make sure that is done legally (30 day notice).
Also, if he is abusive and that obnoxious I think she can get a restraining order that will require him to move out.
He sounds like such an idiot. Most people under these circumstances decide to move out on their own.
2007-04-04 12:37:31 · answer #1 · answered by Heart is my Art 3 · 0⤊ 0⤋
They can get arbitration for temporary disbursement of martial assets. She just has to ask her laywer to arrange it and if she was the owner of the residence before marriage the court will side with her. She should do this asap if they are fighting a lot, you need to go to her home while he is gone and take pictures or video camera it to document the state of the home. If he damages the property when he moves out or they are bickering, then he can be held liable to repair things. (punch hole in wall etc... that adds up $$$) otherwise she will be SOOL
2007-04-04 13:02:41 · answer #2 · answered by funschooling m 4 · 0⤊ 0⤋
The courts can decide WELL BEFORE A DIVORCE IS OVER that it is in the best (or not) interest of both parties on habitation. She can petition the court to allow her temporary residency until a final divorce decree is entered.
2007-04-04 12:44:35 · answer #3 · answered by ciberpunk1 5 · 0⤊ 0⤋
She can petition the court for a writ to vacate premises order to be carried out immediately on grounds of endangerment
2007-04-04 12:59:30 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
Sounds to me like she is making this up and she just simply cant get his butt out of the house and doesnt want to look stupid....tell her to get a restraining order and to wait til hes out of the house pack his stuff and kick his butt to the curb and change the locks....when its over its over!!!!
2007-04-04 12:30:24 · answer #5 · answered by memyslf&I 3 · 0⤊ 0⤋
If he is rude to her she can file a police report and kick him out imediatly !
2007-04-04 12:39:22 · answer #6 · answered by Juliet 5 · 0⤊ 0⤋