After a few months of marraige my freind was told by her husband he wanted a divorce. The house was his before they married she has no place to go. Can he throw her out?
2007-04-15 06:31:27 · 15 answers · asked by mjlisi 1 in Family & Relationships ➔ Marriage & Divorce
Yes, he can ask her to leave unless their are children involved. He has to give her time to find somewhere to live, if he is any kind of decent man he will give her time to find a place. What a louse he has turned out to be.
2007-04-15 06:36:05 · answer #1 · answered by Krinta 7 · 0⤊ 1⤋
Well yes and no. Technically she has set up residence there and has to be given a 30 day notice of eviction...That being said, I am not entirely sure if he CAN evict her while they are still married and she will need to check with the local police on that one, however once the divorce is final then she will probably be immediately removed from the house once her things are collected. Since the house was his before hand, it is very unlikely that she has any rights to the house. So he cannot lock her out at this time with no place to go, but she definately needs to be finding another place, and quick.
2007-04-15 07:20:39 · answer #2 · answered by paz8162 2 · 0⤊ 0⤋
Yeah he can kick her out. Depending on the state community property is anything held by either party before and during the marriage. So if the house was his before and they live in a community property state then the house is concidered theirs. That has no affect on who has to leave though. He asked her to leave first. Respectfully, if there is no chance of reconsilliation, she should leave. At the same time he would be a gentleman to give her a start on her own. If she counter sues him for divorce chances are she will get allimony anyhow.
2007-04-15 06:43:09 · answer #3 · answered by Brian C 3 · 0⤊ 0⤋
This is unclear. Usually the wife does not have to leave the house and, in fact, it becomes marital property after a time. However, this marriage was short, so I am not certain. You should encourage your friend to find a lawyer and find out what her rights are. If she cannot afford a lawyer, have to contact LEGAL AID in the phone book or through Social Services. She needs to know for sure what her rights are now.
2007-04-15 06:39:55 · answer #4 · answered by Wiser1 6 · 0⤊ 0⤋
If she abandons the marriage, like it form of feels she is doing, have the husband document for divorce on those grounds. for the time of that element she would have the ability to't in simple terms take the toddlers with no court order, in any different case its kidnapping and that should influence her credibility in the process the divorce court situations. NO. He does no longer ought to circulate out of the domicile, and having little fairness probable no declare to any element of the domicile. Her infidelities could honestly be a plus for the husband. Play it for all its truly worth. approximately all she would have the ability to do as a techniques by fact the cleaners circulate is push a vacuum purifier. she would be waiting to locate no solace with the courts and probable no longer get custody of the toddlers. Its would not artwork the way it used to.
2016-12-29 13:31:57 · answer #5 · answered by rokusek 3 · 0⤊ 0⤋
More likely he will have to move.Once they got married all that belonged to him,now belongs to the both of them.He should have thought about that before he got married.I just want to know,why did he get married in the first place?If he wants a divorce so quickly,he should have never married her.And this will teach him to figure out what he wants out of life before he goes off and just do something.
2007-04-15 07:15:59 · answer #6 · answered by junior1108 3 · 0⤊ 0⤋
He definately should not throw her out, but he can. That is if she's not on the deed to the house, and they don't have any children.
2007-04-15 06:39:53 · answer #7 · answered by melygoni 2 · 0⤊ 0⤋
Yes he can but he must give her a notice first by law,but I don't think she would want to stay no longer that she has to,things could get bad between them.
2007-04-15 06:37:16 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If his name is the only one on deed, yes. She needs lawyer asap!
2007-04-15 06:37:53 · answer #9 · answered by Just me 3 · 0⤊ 0⤋
Sadly, yes, but he has to give good excuse to lawyer
2007-04-19 06:01:23 · answer #10 · answered by linda r 4 · 0⤊ 0⤋