How evict my ex-wife from my home (tenant, income tax, mortgage)

[luis duran]

My ex-wife stayed in the house with my two kids after a final divorce. I let her stay for the benefit of my children to have a house where stay. But the morgatge is in my name. She stop making the monthly payments damaging my credit history. Now she don't pay neither want to get out.
What can I do ?

[ncbeckster]

What does your divorce decree say? If she wasn't given the house to live in from that it seems you could get the police to remove her for you as she is tresspassing. You could also ask your divorce lawyer the best way to get her out of the house.

[MikeJaquish]

You should contact the attorney who represented you in the divorce and seek help there.

[calnbs]

You might have to start with the process of eviction like how a landlord starts with someone who is not paying rent, but check with your divorce lawyer first. That can take up to months before she can be kick out. Check with your county or city for the proper steps. Laws varies from state to state, county to county.

[Brandon Hoffman]

Originally Posted by MikeJaquish

You should contact the attorney who represented you in the divorce and seek help there.

This.

[tigerclaws]

Is she paying in "kind". Just checking....

[MikePRU]

Originally Posted by calnbs

You might have to start with the process of eviction like how a landlord starts with someone who is not paying rent, but check with your divorce lawyer first. That can take up to months before she can be kick out. Check with your county or city for the proper steps. Laws varies from state to state, county to county.

If she was paying the mortgage, that could be considered paying rent. The check didn't come to you directly but essentially she paid you rent and you turned around and used that to pay the mortgage.

My guess is the law would consider her a tenant and you will have to go through the eviction process. The IRS may at some point also be curious if you haven't paid any income taxes on this rent as well. Real estate is local as they say and I would recommend talking to a local attorney.

[399083453]

Originally Posted by luis duran

But the morgatge is in my name. She stop making the monthly payments damaging my credit history. Now she don't pay neither want to get out.

I know she is not on the mortgage, but is she on the deed?

Like the other poster mentioned, what does your divorce decree say happens to the house after the divorce?

[NY Annie]

If your divorce lawyer is not around, contact (Your City) Bar Association Lawyer Referral Service for a low-cost initial consultation in the area in which you need advice - in this case: landlord-tenant or real estate.

[jghorton]

There is something wrong or 'pieces missing' from the picture here. My suspicion is that your wife is also listed on the title as a joint owner ... and she and the children were given the house, under the divorce agreement, with the specification that she was to pay the mortgage?? If so, to whom is that payment made and what is your liability if it is not made? Also, what is your legal financial responsibility under the divorce decree? Where are you living? Are you paying child-support? What about housing expenses (electric, phone, groceries, etc).

You may not like how things are going, but, these issues (particularly when children are involved) are almost always covered under the divorce settlement. Therefore, your question on this forum: "How do I evict my wife?" ... is a legal question that is subject to your court settlement, rather than something you can resolve here by simply getting someone's 'opinion.'