does he have the right to stay under the same roof until it's final? how do you deal in this situation?
2007-05-22 08:24:08 · 7 answers · asked by elfkin, attention whore 4 in Family & Relationships ➔ Marriage & Divorce
Yes, until you go before a judge. Until he orders it you cannot remove him form the home
2007-05-22 08:29:05 · answer #1 · answered by Rhiannon 3 · 1⤊ 0⤋
Unless he is a physical threat (has or threatens to injure you or the children, or destroy property) he probably can stay in the home. As long as you own/rent property together, he has as much 'right' to stay in it as you do.
I was served while we both still lived in the home (he had the guest room), and we continued to both live in the home while the divorce was processed. He moved out officially the day of the final hearing.
Now, we are a very unusual case -- we did almost all the negotiations between us (without lawyers) and kept the fighting to times when the children weren't home. We agreed specifically that whomever lost their temper would have to find somewhere else to spend the night -- and that kept things calmer.
We were BOTH advised by our attorneys to stay in the home as long as we could 'tolerate' each other, because when one moves out he/she can be considered to have 'abandoned' the home/children/responsibilities. It's all interpretation.
He has the 'right' to stay, in general, however he can be 'encouraged' to leave if he's uncomfortable. Be careful not to 'harass' him (follow him around the house, listen to his phone calls, trash his belongings, spit in his dinner :-). You don't have to 'do' anything for him -- let him make his own meals, do his own laundry, etc. to 'prepare' him to move out.
2007-05-22 15:41:29 · answer #2 · answered by Sue 5 · 0⤊ 0⤋
He doesn't have to go anywhere and either do you . Don't be surprised if the judge tells you to move . Just because your a woman doesn't mean you get the home . My ex thought the same thing and guess who has the house and the kids and the happiest guy in the world . Now shes a dead beat mom . Allot of things have changed woman are now equal with men . Woman wanted it and got it .Guys just don't get the shaft anymore we get our share of the gold mined.
If you cant deal with it the only thing you can do is move out . Your no better then he is .
2007-05-22 15:49:41 · answer #3 · answered by dad 6 · 0⤊ 1⤋
Unless you serve him with a order to immediately vacate the premises, he can stay along as he feels comfortable with the situation
2007-05-22 15:30:21 · answer #4 · answered by Arthur W 7 · 1⤊ 0⤋
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2007-05-23 03:33:44 · answer #5 · answered by niomi 2 · 0⤊ 0⤋
If both names are on the lease or mortage he can stay as long as he wants.
2007-05-22 15:34:11 · answer #6 · answered by ERICKSMAMA 5 · 0⤊ 0⤋
he doesnt have to leave until its settled, but you can be creative, and urge him to leave on his own., unless he is abusive
2007-05-22 15:31:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋