Law and action for tenant removal? (credit card, attorney, cost) - Washington (WA) - Page 2 - City-Data Forum

lostsoul2015 · 09-16-2018, 05:38 AM

there would not be a way to negotiate given how she is (and her family)

really? more than 10K? How so? i will indeed talk to the attorney but from another attorney, they said it wouldn't be right because it is what I brought into the marriage and then what is left after the marriage. During, I paid for everything (and I have my own business, but was created before we got married)

CrazyDonkey · 09-16-2018, 01:22 PM

Like I said, talk with a divorce lawyer. That you supported her is not necessarily a good thing. From the link I posted earlier:

Quote:

If you are facing divorce in Washington and wondering what property you get to keep, the first thing you should know is that Washington is a community property state. This means that all income earned and property acquired by either spouse during the marriage is community property. It belongs to both spouses equally, so it must be split equally between the spouses as divorce. Likewise, all debts incurred during the marriage are considered community debts and belong to both spouses equally. If you don’t want to split the community property equally – and you can get your spouse to work with you – then the two of you can decide what’s fair in a written separation agreement.

She might claim she supported you in building your business, for instance, even if she didn't contribute financially to the marriage. If you litigate this, you could both be losers, with only the lawyers as the winners. Have your lawyer negotiate with her lawyer - your leverage could be in refusing to divorce her without a separation agreement.

See also:

https://info.legalzoom.com/washingto...aws-23906.html

lostsoul2015 · 09-21-2018, 06:04 AM

well she has not helped my business in any shape or form. That's a fact. And I had my business before her.

Regards to the apartment - the complex people said they really cannot do much except to change the locks when the "deadline" approaches. How legal is this? Where would I stand if she is still there after the deadline?

oregonwoodsmoke · 09-21-2018, 07:26 AM

So much drama. I'm a landlord, but I reuse to referee in marital problems. I doubt that you will get any assistance from your landlord, because it is none of your landlord's business. I wouldn't be surprised if your landlord is hiding from you so he won't have to listen to the whining.

You need to take this up with your divorce lawyer. Your divorce lawyer is the one who should be refereeing the split up. Your divorce lawyer will be the one to get court orders to force your ex to comply with the terms of the divorce.

CrazyDonkey · 09-21-2018, 06:37 PM

Quote:

Originally Posted by lostsoul2015

well she has not helped my business in any shape or form. That's a fact. And I had my business before her.

Regards to the apartment - the complex people said they really cannot do much except to change the locks when the "deadline" approaches. How legal is this? Where would I stand if she is still there after the deadline?

Did she cook, do the dishes, wash your socks? Perform other "wifely" duties?

If the complex is willing to change the locks (at your expense, I presume) once her deadline has passed, then why not? Just let them do it, and give the keys only to you. Since she terminated her tenancy, in writing, I don't see that she'd have any grounds to complain.

lostsoul2015 · 09-22-2018, 10:23 AM

Thanks CD.

No, she didn't cook or do the dishes (much) - not many wifely duties. IF anything, always me doing the husband duties and then some.

CrazyDonkey · 09-22-2018, 11:12 AM

So, she laid in bed all day eating bon-bons, like in those 1930s comedies?

That you supported her, however, could give her some claim on your income, if not an interest in your business. How long, would be the question. Talk to a divorce lawyer.

lostsoul2015 · 09-22-2018, 02:53 PM

yes I am... trying.

pretty much she has been laying in bed, no kidding. Only recently has she started to work.

Just got a call from the complex saying they heard from their attorneys and seems that they cannot even change the locks! That makes no sense. The only thing would be to serve her an eviction notice and that's it but that can take time.

CrazyDonkey · 09-22-2018, 07:16 PM

Quote:

Originally Posted by lostsoul2015

yes I am... trying.

pretty much she has been laying in bed, no kidding. Only recently has she started to work.

Just got a call from the complex saying they heard from their attorneys and seems that they cannot even change the locks! That makes no sense. The only thing would be to serve her an eviction notice and that's it but that can take time.

Cross your fingers and hope she leaves on her own. With the $10,000 she "filched" (I'm assuming she emptied the account), she should be able to get her own place. Don't do anything to make her dig in her heels.

Talk to a lawyer - just the threat of an eviction (a notice to vacate) could get her out, if it comes to that. Not something she wants to have show up on a background check.

lostsoul2015 · 09-22-2018, 10:04 PM

CD - thanks.
Cannot believe how difficult something so logical or common sense can be.
Indeed trying for the divorce lawyer but they aren't getting back. Makes me panic even more when time is short. Also seeing what else I can do legally to be in the right and get her to go as well as be punished.