U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 06-05-2012, 03:40 PM
 
1 posts, read 5,643 times
Reputation: 13
Default How evict my ex-wife from my home

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 ?
Reply With Quote Quick reply to this message

 
Old 06-05-2012, 03:49 PM
 
272 posts, read 194,850 times
Reputation: 178
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.
Reply With Quote Quick reply to this message
 
Old 06-05-2012, 03:50 PM
 
Location: Cary, NC
18,788 posts, read 28,064,864 times
Reputation: 15460
You should contact the attorney who represented you in the divorce and seek help there.
Reply With Quote Quick reply to this message
 
Old 06-06-2012, 09:54 AM
 
887 posts, read 527,158 times
Reputation: 939
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.
Reply With Quote Quick reply to this message
 
Old 06-06-2012, 12:03 PM
 
Location: Columbia, SC
6,892 posts, read 10,128,903 times
Reputation: 3450
Quote:
Originally Posted by MikeJaquish View Post
You should contact the attorney who represented you in the divorce and seek help there.
This.
Reply With Quote Quick reply to this message
 
Old 06-06-2012, 02:16 PM
 
581 posts, read 939,659 times
Reputation: 351
Is she paying in "kind". Just checking....
Reply With Quote Quick reply to this message
 
Old 06-07-2012, 09:24 AM
 
Location: Needham, MA
3,224 posts, read 2,462,947 times
Reputation: 2044
Quote:
Originally Posted by calnbs View Post
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.
Reply With Quote Quick reply to this message
 
Old 06-07-2012, 09:59 AM
 
2,628 posts, read 2,732,796 times
Reputation: 2656
Quote:
Originally Posted by luis duran View Post
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?
Reply With Quote Quick reply to this message
 
Old 06-07-2012, 01:48 PM
 
Location: southwest TN
6,459 posts, read 6,388,962 times
Reputation: 10370
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.
Reply With Quote Quick reply to this message
 
Old 06-07-2012, 02:22 PM
 
Location: Florida -
4,349 posts, read 2,663,214 times
Reputation: 4724
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.'
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $79,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top