confused

[nimitmatra]

TEXAS,

Hi,

I and my brother had bought a house 13 years ago. He still lives there.Now i am going thru a divorce after 10 long years of marriage.How can I make my going to be EX wife to leave the house and live on her own house or apt?:confused::confused:

[nextwife]

Originally Posted by nimitmatra

TEXAS,

Hi,

I and my brother had bought a house 13 years ago. He still lives there.Now i am going thru a divorce after 10 long years of marriage.How can I make my going to be EX wife to leave the house and live on her own house or apt?

She lives there with YOUR BROTHER?

[Ohiogal]

Originally Posted by nextwife

She lives there with YOUR BROTHER?

My guess is all three live there. He needs to get a court order removing her from the marital home.

[mistoffolees]

Originally Posted by nimitmatra

TEXAS,

Hi,

I and my brother had bought a house 13 years ago. He still lives there.Now i am going thru a divorce after 10 long years of marriage.How can I make my going to be EX wife to leave the house and live on her own house or apt?

YOU can't make her leave. She has a legal right to be there.

You can, however, petition the court for a temporary order which would force her out. Remember that this puts her at a disadvantage in terms of spending a lot of money finding and furnishing a new place. You'll want to come up with some plan that helps with the transition if you want to avoid a big fight.

Depending on your relative income levels, one of you may be owing the other one support at least on a temporary basis. Depending on circumstances, one of you might owe spousal support for a couple of years after the divorce, as well.

[tuffbrk]

Originally Posted by Ohiogal

My guess is all three live there. He needs to get a court order removing her from the marital home.

This confuses me. The courts wouldn't allow me to do this. Do certain states allow it and others don't? Is it based on whether a period of separation is required prior to divorce? How is the decision reached as to which party is to leave?

[Ohiogal]

Originally Posted by tuffbrk

This confuses me. The courts wouldn't allow me to do this. Do certain states allow it and others don't? Is it based on whether a period of separation is required prior to divorce? How is the decision reached as to which party is to leave?

Yes, no, maybe. It depends on a variety of factors. And it is not only that a state allows it or not. it is most likely based on the individual court's philosophy. I deal with several different counties. The county south of me does NOT issue such orders removing someone until the FINAL hearing. The county I am in, issues orders typically at the temporary orders hearing if requested.

[tuffbrk]

Originally Posted by Ohiogal

Yes, no, maybe. It depends on a variety of factors. And it is not only that a state allows it or not. it is most likely based on the individual court's philosophy. I deal with several different counties. The county south of me does NOT issue such orders removing someone until the FINAL hearing. The county I am in, issues orders typically at the temporary orders hearing if requested.

Thanks much OG! I feel strongly that when children are involved it is better for one party or another to vacate. However, I'm guessing if custody has not been established/agreed it really muddies up the waters as to who should stay/leave.

[nextwife]

Originally Posted by tuffbrk

Thanks much OG! I feel strongly that when children are involved it is better for one party or another to vacate. However, I'm guessing if custody has not been established/agreed it really muddies up the waters as to who should stay/leave.

Don't forget, they co-habitat with the brother, who co-owns this house, and the court will have NO say over either the BROTHER"s occupancy or ownership. That changes the equation considerably. It is very unlikely a court will order possession to the wife and force a third party to co-habitat with STBX of their brother!