Evicting Spouse

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Latest post 03-15-2011 4:28 PM by Drew. 10 replies.
  • 03-15-2011 12:53 AM

    • nabeel
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    Evicting Spouse

    Hi,

    My apologies if this is the wrong forum for this particular question.  I am about to file for divorce and have asked spouse to leave.  I had the home prior to our marriage and want her out (yes, it's that bad).  She's a dentist so she makes decent money and can afford her own place.  We have no children from our marriage, but she has two daughters from a previous marriage.

    I guess my question is if I can evict her... would I file an order to show cause and request property possession?

    Thanks in advance...

     

  • 03-15-2011 7:32 AM In reply to

    • Drew
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    Re: Evicting Spouse

    What she can afford is not the issue.

    You can seek an order for sole possession.

    Review your game plan with local counsel

    Generally  one is required to provide a roof over ones spouse's head  and a spouse would have access to the marital home.

    I have seen one attorney post here that in my state  (PA) a spouse is not a tenant  and would not be protected from that body of law form being exited  from a home they did not own,  They might have other rights under equity to seek a portion of the home value increase over the marriage --but not the use.

    Be careful not to get into physical confrontation lest adversary claim abuse and she seek and secure a protection order which effectively bars YOU from the home



  • 03-15-2011 7:52 AM In reply to

    Re: Evicting Spouse

    You need to consult a local attorney.  You just can't evict her.  You need to file for divorce and in that ask for sole and exclusive use of the property.  Until a judge says yes, you can't just throw her out or the children.  There is no reason to file an order for show cause. That is entirely the wrong motion and not appropriate.

  • 03-15-2011 9:58 AM In reply to

    • nabeel
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    • Joined on 12-30-2004
    • Posts 45

    Re: Evicting Spouse

    Thanks... I don't like confrontation and that's exactly why I want her to leave.  She gets enraged, she's even hit me in the past, thrown things at me.  I don't react, there's no point.  But it's extremely frustrating/aggravatin... I just don't want to deal with it anymore, for my own peace of mind.  Given that this was my home before she moved here, I would think that would mean something.

    The petition for dissolution of marriage doesn't mention any verbiage with regards to possession of property.  My understanding is that this request is filed as part of an order to show cause where only the request for property possession is completed.

    Any help would be greatly appreciated... I can't really afford an attorney which is why I'm trying to do this myself.

    Thanks...

  • 03-15-2011 10:02 AM In reply to

    Re: Evicting Spouse

    All due respect, you don't know what you are doing and NEED an attorney.

    A show cause is what you file when there is an exhisting court order and the other person is not complying with it and you want enforcement of the order. That is not where you are at.

    Also, every divorce you do have to list property, division of property, etc....if you fail to use counsel she could end up with half of the home.

    Do yourself a huge favor and consult a few attorneys in your area.  Most offere free consultations.

  • 03-15-2011 10:33 AM In reply to

    • nabeel
      Consumer
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    • Posts 45

    Re: Evicting Spouse

    Okay... I did process my own divorce last time with division of property, etc.  I'm familiar with the declarations and such.  I didn't have this issue last time and as a result am not familiar with what needs to be done to try and maintain possession of my home.  I was able to move out last time... unfortunately I don't have that luxury this time around.

    Thanks... I will seek local counsel.

     

  • 03-15-2011 11:48 AM In reply to

    • Drew
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    Re: Evicting Spouse

    I agree you need counsel--and before you get yourself into trouble!

    The ability to toss a nonowner-nontenant may be totally different in one state vs the next--and I have no clue of issues in your state.

     

    If you spouse is into acts of aggression, hitting , physical violence against you that should be a significant card to pay to get a protection from abuse order which in its wording give you effective sole use of the premises. Most often one reads of women who can get such orders rather liberally (hence my caution not to give her free excuses) but I have run into examples  like where some 6'2" male is the victim of some 5'5" female's  assault and the guys have  gotten the order

     

     



  • 03-15-2011 12:05 PM In reply to

    Re: Evicting Spouse

    No, you do not evict her because she is not a tenant. When you file you ask the court to remove her from thehome.

  • 03-15-2011 12:07 PM In reply to

    Re: Evicting Spouse

    You really need to consult a lawyer, even if you handle the bulk of the paperwork yourself. You clearly have no idea what to do or how to do it. If your car was as broken as your marriage would you not take it to a mechanic?

    And if she hits you, call the police. That will get her removed from the house at least temporarily.

  • 03-15-2011 4:00 PM In reply to

    • nabeel
      Consumer
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    • Joined on 12-30-2004
    • Posts 45

    Re: Evicting Spouse

    Okay... thank you all for the responses, I appreciate it.

     

  • 03-15-2011 4:28 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    Re: Evicting Spouse

    Get to counsel--and be quiet.

    The very next time she tosses a deadly item at you or hits you with enough force to move you or makes a clear threat of violent action may be the very act you need to tilt the cards your way--and you want to be prepared with counsel so if she blows--it counts the way you need it to count--sort of like don't completely duck--let it connect?? . Perhaps twice--so as to show violant pattern and practice?.



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