I don't normally allow myself to get sucked into other people's drama, but I feel helpless and need advice.
In January my 28 yr old cousin divorced her husband because he cheated on her. My cousin and her ex have no children together, but they own a home. Their divorce papers state that she will occupy the home until it is sold, but that they will split the mortgage payment. They will slip the profits 50/50 when the house sells.
This morning at 3 am, the ex came knocking at her door and is claiming that he is having financial problems and plans to move back in to the house (they are legally divorced and he is now engaged to the other woman).
He has a key to the house and my cousin is afraid that he will start to move his stuff back in. She called the police and they say that there is nothing that they can do because the house is "comunnity property."
She lives in FL
Her ex has harassed her many times -cops say until it becomes physical they can't do anything
2007-04-14 04:37:55 · 6 answers · asked by Jester 3 in Family & Relationships ➔ Marriage & Divorce
She has a lawyer, but can't contact him until Monday. She is afraid that the ex will do something drastic over the weekend.
How can he be allowed to move back in against her wishes???
2007-04-14 04:39:25 · update #1
They are LEGALLY DIVORCED.
2007-04-14 04:49:06 · update #2
I'm only involved because she called me very upset...and I don't know how to help her.
2007-04-14 05:10:47 · update #3
Unfortunately, thee is little she can do til Monday since she ha no order preventing him from doing so,unless he gets violent. On Monday she needs to get a court order and/or possible protective restraining order against him. Florida is NOT a community property state per se, but the courts themselve made this house into a community property which it should never have done under the circumstances. He should have been told to stay away from that house til absolutely necessary.Just hope Monday comes quickly and good luck. Tell her to contact the authorities immediately if he shows the slightest chance of violence
2007-04-14 04:53:27 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
He still has a right to have entry into the home because his name is on the paperwork.
I would tell your cousin to find a storage facility and start moving things out. No need in giving the ex and his fiance any access to personal property too, like furniture or electronics.
And I would advise her to put a new lock on her bedroom door and keep all her other stuff in their so her ex won't have access to that room.
2007-04-14 11:54:30 · answer #2 · answered by Ella 7 · 1⤊ 0⤋
It is community property, and he has every right to move back in, unless her attorney has another idea. She can have the locks changed, that would stall him a day or two. Then in her place, she and her soon to be ex ought to get the house sold asap, so that he is out of her life, legally and physically.
2007-04-14 11:45:53 · answer #3 · answered by April 6 · 0⤊ 0⤋
You friend CAN change the locks, and should have done so already. It's simple, and a new lock can be gotten at Kmart, or any home improvement store, or hardware store. Requires just a screwdriver, and can be done in minutes. Then, he'd have to break in, which IS illegal. Her divorce papers show who is supposed to be in the home. She should call the cops if he just comes to move in just because he decides he wants to.
2007-04-14 12:04:53 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Its the law Hun, there's nothing they will do...if it's in witting she has to let him back in. I know it sucks...but maybe he was just calling her bluff..I would look up the lawyer int he phone book under his name and call him there...the cops suck and will not do anything...God Bless and good luck,,,,ttyl
2007-04-14 11:46:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you are too involved in a cousin's problems. steer clear if you know what's good for you.
2007-04-14 12:01:03 · answer #6 · answered by Mon-chu' 7 · 0⤊ 1⤋