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Old 07-29-2010, 08:55 PM
 
Location: Concord
18 posts, read 30,100 times
Reputation: 20

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My wife decided about 3 months ago to seperate. I tried to do the right thing and tell her that when I had the money i would move out because we had her, her 2 sons from a previous marriage, our son together and the oldest son had his newwife and baby there. So i figured i could find a place easier and i would pay all the bills until she got on her feet. She decided to move out anyway taking our son and leaving her two older boys and the oldest sons wife there with me. She moved into her parent pool house. I didnt like my son being there so i am at a hotel now. She has since threatened me not to come into the house or she would call the police. The mortgage is in my name but the deed is in both. My question is can she legally keep me out. I have not done anything to her. Never threatened her, never hit or hurt her in any way. This just doesnt seem right.
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Old 07-29-2010, 09:33 PM
 
Location: Up above the world so high!
45,264 posts, read 84,453,792 times
Reputation: 39619
Quote:
Originally Posted by inoverdrive View Post
My wife decided about 3 months ago to seperate. I tried to do the right thing and tell her that when I had the money i would move out because we had her, her 2 sons from a previous marriage, our son together and the oldest son had his newwife and baby there. So i figured i could find a place easier and i would pay all the bills until she got on her feet. She decided to move out anyway taking our son and leaving her two older boys and the oldest sons wife there with me. She moved into her parent pool house. I didnt like my son being there so i am at a hotel now. She has since threatened me not to come into the house or she would call the police. The mortgage is in my name but the deed is in both. My question is can she legally keep me out. I have not done anything to her. Never threatened her, never hit or hurt her in any way. This just doesnt seem right.

You need legal advice asap.

But to answer your question...unless she has filed an order for protection from you (and watch out, she might even though you've never touched her just to get rid of you quicker) or you've become legally separated she CANNOT keep you out of your home. And if you are smart, you will NOT let her push you out of it. GET A LAWYER.
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Old 07-29-2010, 10:47 PM
 
Location: Under a bridge.
3,196 posts, read 4,645,515 times
Reputation: 975
Get a lawyer. NOW.
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Old 07-30-2010, 02:40 AM
 
604 posts, read 1,084,996 times
Reputation: 214
When I was in the Navy, I used to council/refer sailors with the same scope of problems.

Get a lawyer now is easy advice to give. But if you get a lawyer, bet she will too. Who wins???? You guessed it....the lawyers. You will ultimately pay for both.

The first step is counseling. If that is a no go then at a bare minimum you need a separation agreement that outlines who will live where and who will pay what bills and who will take what personal property. This is for your protection.

If you can agree to separate with out the nastiness, you will save your $$$$$$$.

After 1 year separated, get your divorce!!!

I think it is strange she took off to her parents house with your son but left her other boys with you!
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Old 07-30-2010, 07:07 AM
 
Location: Concord, NC
1,192 posts, read 1,832,807 times
Reputation: 762
I would get a lawyer. Sounds like this might turn nasty if she is already threatening to call the cops. You should have never moved out.
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Old 07-30-2010, 07:56 AM
 
3,756 posts, read 8,078,728 times
Reputation: 1061
As loves said, get an attorney that specializes in family issues asap. I would carry a recorder device, because it might get into "he said, she said'. You do not need to have the issue of "arrest" come up because in many police departments, once someone is accused, they have to be removed from the residence. Best of luck to you. Start documenting everything, keep a running tab of what is going on. Best of luck to you.
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Old 07-30-2010, 08:28 AM
 
Location: Lansing, MI
2,954 posts, read 5,820,089 times
Reputation: 3232
As with everyone else, get an attorney asap.

Next - you need to 'establish' yourself. You should not have left the house, possession is 9/10's of the law. You need to reach out for visitation for your son, establish a history of making attempts to see him and LOG IT. Create a calendar showing what you've done, contact attempts, visitation, etc - keep it unbiased, just note facts. I do not know NC tenant laws, but other states have laws that state if you've received mail at an address, you can not be denied access without 1. eviction, or 2. court order - you need to check the laws. If she's put a PPO or restraining order on you, thats a whole 'nother animal.
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Old 07-31-2010, 07:44 AM
am2
 
Location: Charlotte, NC
413 posts, read 715,993 times
Reputation: 146
Call an attorney, ASAP!
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Old 07-31-2010, 07:31 PM
 
594 posts, read 1,330,816 times
Reputation: 387
Why can't people just solve their problems like adults???
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Old 07-31-2010, 08:04 PM
 
Location: Under a bridge.
3,196 posts, read 4,645,515 times
Reputation: 975
Quote:
Originally Posted by DipDog3 View Post
Why can't people just solve their problems like adults???
Is this a real question?
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