Is there a legal way to force someone out of the marital home? I told my friend that her boyfriend could try to get a restraining order against his wife in order to get her out but I don't really see what his grounds would be.
The wife has already walked out on the marriage & was living with another man in another state for a year but she came back (he ALLOWED her to move back in) and now, duh, she refuses to move out of the marital home because she wants to keep her claim on it. Is there a legal way to force her out? I told my friend that he should have filed while she was gone and never let her move back in.
PS: I know that she should leave this guy; I've told her that many times but she doesn't want to. I want to support her decisions even if I don't agree.
2007-11-04 01:02:37 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
She's been my best friend for 14 years. I have tried talking to her about this d!ckhead but it does no good. People have to make their own mistakes. What kind of friend would I be if I told her I didn't want to talk to her anymore or that I would not help her? I wonder what kind of friend YOU are? You can't control other people's lives.
2007-11-04 01:12:39 · update #1
And by the way, Einstein, I think you did misunderstand the question. My friend is not the wife.
2007-11-04 01:13:21 · update #2
he will need to contact his attorney and ACTUALLY file for the divorce, at that time, a temporary restraining order can be issued against her and he should then have the leverage to have her removed from the house.
Best of luck...
2007-11-04 01:07:00 · answer #1 · answered by ♥STREAKER♥©℗† 7 · 1⤊ 0⤋
most states its 50/50. Marital assets are split 50/50 as well as debt. Reasonably he could offer her 50% of the equity in the home to buy her out. Or they could sell the home and split the equity 50/50. That is what the courts will most likely do.
2007-11-04 08:39:16 · answer #2 · answered by gypsy g 7 · 1⤊ 0⤋
If he can prove she lived somewhere else and had the affair, then maybe a lawyer can help him get her out, however...he is still probably going to have to split the profits from selling, or pay her 1/2 the value since he did let her come home.
2007-11-04 09:45:08 · answer #3 · answered by Chels 7 · 0⤊ 0⤋
So she ditched the marriage, ran off with another guy, came back and now refuses to leave. You know it's wrong, but you want to support her anyway?
Is there any chance at all I may have misunderstood the question? Because surely you didn't REALLY mean that you want to support her anyway. What a great friend you are. Gee friend, I know that what you are doing is completely wrong and really shitty, but I support you anyway.
What the ##%&^$.^* ?!?!
2007-11-04 08:08:37 · answer #4 · answered by Think! 3 · 0⤊ 1⤋
OOPS, another gold digger in them hills!! It all depends on how much shehas put into the house? But that choice is theirs, and a true friend will always tell you the truth, even if they don't like it/agree with. And she's lucky to have you as her friend!!!!
2007-11-04 08:25:50 · answer #5 · answered by happywjc 7 · 0⤊ 0⤋
The legal way is when you go to court for the divorce and the property is divided. You can't really do anything until then.
2007-11-04 08:05:26 · answer #6 · answered by holeeycow 5 · 0⤊ 0⤋