Saturday, January 9, 2010

What are the legalities involved to evict a recently divorced spouse?

Home is legally deeded to one spouse,the other makes no contribution and the couple are now legally divorced.What are the legalities involved to evict a recently divorced spouse?
Yes.


You need to issue the offending spouse with a ';notice to vacate'; which will usually give them 30 days notice that they have to leave the premises, and take their stuff with them.


Or you can tell them to leave 3 times (in front of an independent witness), and then call the police and have them arrested for trespass - but that might be hard to prove if their name appears on any bills at that residence, because that makes it their residence too.


If the divorce decree says that one party has sole occupancy of the home, as from a certain date, you can have them removed on that date, and have their stuff removed from the home. But again be careful if they claim that you damaged their stuff in the move they might just sue you. What are the legalities involved to evict a recently divorced spouse?
well first off i think it's interesting that tiare assumed it was the woman who is not contributing - what's that all about tiare? are you also a non-contributing woman?





anyway the person whose name is on the deed owns the house if that is how the divorce decree says it is. what does being a non-contributor have to do with it? no title - no house. even if you paid cash for the house you're hosed.





if you are divorced, change the locks.
That is a touchy situation, but I think you would have to involve the police. have copies of the divorce decree in hand which awards the home to you alone. does not matter whether or not she contributes, what matters is whose home it is.
whichever name is on the deed to the house, unless it's involved in the divorce settlement if there is one, has all the say so. if the other won't leave, call the cops and have them removed.
Once there is a divorce decree without any flaws, then the property belongs to the individual that signs the deed. It really depends on what';s in the divorce decree.

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