We are in the process of divorce. He's been a real jerk. But sees no reason to get out. He also recently stated that he's so broke he will probably have to stay in (my house I rent from my mom) the house even after the divorce is final. This is making me feel schizophrenic. I don't know what to do ....anyone ever had a weird arrangement ??? I want him GONE NOW!!!!!
2007-09-30 12:29:58 · 21 answers · asked by Imlilyroses 4 in Family & Relationships ➔ Marriage & Divorce
he has every right to stay there at the moment, that said, if he intimidates, hits you or anything else of that type, you could get an injuction to keep him away from you, hence sorting the problem for you. when you are divorced, he and his living arrangments are not your concern, they are his and his alone, you are not responsible for his welfare then. perhaps he thinks you will change your mind, make it clear that there is no life for the 2 of you anymore. ake some advice from lawyer, rules may be different where you are, i am from england.
2007-09-30 12:42:26 · answer #1 · answered by brommas 4 · 0⤊ 0⤋
evict him...depending on the state, the days may range, but I think in most it's a 90 day notice. Document everything, and at the end of the 90 days call the cops. Move all of his clothes/belongings/etc. from your bedroom, or move your own until he's out, and do not sleep in the same bed as him! It just makes it more complicated and leads him to think you aren't serious.
Have a consultation with an attorney...most are not that expensive, some even free, for a 30 minute consultation. You can also call the police department for advise on how to evict.
Good luck!
2007-09-30 12:40:48 · answer #2 · answered by Happy 3 · 0⤊ 0⤋
Tough question. I have no idea where you live, so don't know what the law states, and that is the first thing you need to do. Go to a law library and check what the law says about domicile occupancy in the event of a marriage break-down. You may not be able to force him to abandon the house in winter, for example, or only X-number of days after written notice. You may also want to check with the police. They could give you some advice.
If worse comes to worse, you could always move out temporarily and let your mother get an eviction for non-payment of rent since it sounds like he'll be too broke to pay. Shouldn't take more than a couple months.
2007-09-30 12:43:41 · answer #3 · answered by transplanted_fireweed 5 · 0⤊ 0⤋
If you don't have a lease agreement, get one with just your name on it. Then write a notice of eviction giving him a set amount of time to vacate the premises ( 7 days should be long enough ).
Keep a copy in a safe place. If he doesn't move, then contact local police for assistance to remove him.
Until he leaves, do not sleep in a bed with him. Sleep on a sofa or stay with your mom at night.
2007-09-30 12:39:47 · answer #4 · answered by ruby 4 · 0⤊ 0⤋
Never dealt with nor know exactly what can be done or not done with these DIY divorce kits as I never had to use one,but sooner or later I think the courts have to be involved and now is a better scenario to make it sooner. You can always petition the courts for a order to vacate premises to be served on him. In regular divorce/ court cases this is usually more common than rare so what youre experiencing is the norm rather than not. Now you could give him 30 days or so and then tell him youre going to obtain the vacate order and hopefully he will leave before then. Good luck
2007-09-30 13:26:04 · answer #5 · answered by Arthur W 7 · 0⤊ 0⤋
Tell him to go or you will get an order of protection. I don't know what state you are in but here in Illinois, as long as you are married, he is entitled to be in the property. Once you have filed for a divorce that usually changes. It doesn't sound like he is physically abusive so maybe you can just tell him "sincerely" to go away. If that doesn't work, tell him you want your independence and will get an order of protection if he refuses to go away.
2007-10-05 17:23:46 · answer #6 · answered by shorty 1 · 0⤊ 0⤋
As long as his name isn't on the lease, you can give him a 30 day notice and make him leave.
But he's got 30 days after you tell him.
2007-09-30 12:33:31 · answer #7 · answered by ♥Honey Blood Coma♥ 3 · 1⤊ 0⤋
Tell your mother what is happening... If it's her home she's the one that is able to evict him. If he tries to stay with you after the divorce contact the police and have him charged with trespassing.. Or get a supoena so he has to stay away from you and the property.
2007-09-30 12:33:51 · answer #8 · answered by Sweetness4713 3 · 0⤊ 0⤋
If it is a community property state then you may have to leave. The both of you got the house together since you have been together right? Then it is his as much as it is yours. Even if it is from your mom you may have to give him an evenction notice. The best thing to do is to talk to the court clerk in your area to see what they advise.
2007-09-30 12:35:27 · answer #9 · answered by Just Bein' Me 6 · 0⤊ 0⤋
You are still referring to the bed as "our" bed.....are you giving mixed messages to the guy??
If his name is not on the lease, get him evicted. If you are serious about the divorce, then get serious. Stuffing around by not acting on things is not going to achieve anything. Either get him evicted, or move out yourself. It is not worth the stress and mental anguish to continue to be reasonable with an unreasonable person.
2007-09-30 12:34:32 · answer #10 · answered by kelstar 5 · 1⤊ 0⤋