advice on proceeding

[josnyder]

What is the name of your state (only U.S. law)? WA state - I purchased a home in march 2002 my boyfriend and I were split up at the time however got back together a few months later and married in October 2002 - the next month he went to jail and than basically was in jail or on work release program (not at home) 80 percent of our marriage - while in incarsaration he was unable to assist financially at all - I did get my home loan adjusted after marriage and also got a second on the house during the marriage, but because I retained my name did not take my husbands last name I left the house in my name and he is not on any of the paper work for the home - he also than moved out on his own for a full year than went back to jail for a year than moved back home - at the end of that year i told him i wanted a divorce but he could stay at the home with me while he got back on his feet since he had been in jail for a year - he came home every night from work and in three months did the improvements to the home he had been neglecting for the past 4 years and asked me to not divorce him - i told him i was selling the house and moving closer to my daughter back east and he said he would go with me since we are married, since he was willing to relocate so far away I decided to give him another chance (however he said he did not want to move to north carolina but would move to either Kentucky or Tennesse)- SO I accepted a position in Kentucky leaving him in WA until the house sells - the plan was once the house sold he would than move out to Kentucky with me. I have been paying the second mrtg. and he has been paying the 1st since Jan 2009 when I moved to KY. However he stopped phoning after a few months and I have been getting reports from the realtors that he is constantly removing and hiding the forsale signs behind the garage - once he even removed the lock box so they could not show the house and than finally once they showed the house he was rude to the potential buyers, making them uncomfortable so they were not interested - he also told them he had no intention in selling.

Im planning on making a trip back next month and will file for divorce and want to know the best way to get him out of the house - I don't know if I should find and ask for a restraing order and get in the house and have the police remove him or speak to the judge when i file letting him know what is going on and getting a temporary order for the house or what - the house was mine before hand and I am listing it in my personal property but i do know WA is a community state - again what is the best way to get him out of the house when I go up there next month - I know if he stays in there and I file for divorce two things will happen - one he wont make the payment because he knows I am divorcing him and two he will not allow realtors to show house. -

 

[mistoffolees]

You can't get a restraining order since there's nothing that indicates that he is a danger to you.

You will need to file for divorce and ask the court for sole possession of the house. Alternatively, if they will not grant that, you will need permission to sell the house and require his cooperation with the court to back that up.

Basically, it's the marital home, so he has a right to be there until the court says otherwise. Technically, he probably doesn't have the right to take down the signs even without a court order, but get the court order and be done with it.

You will probably have to pay him half of the marital equity (that is, the increase in equity during the marriage) even though his name was not on the title. That means when you sell the home, you will need to account for every penny and either not spend the money or set it aside in an escrow account (at least his half) until the property division is settled.