He won't leave!!

[do3500]

What is the name of your state? Louisiana

I understand the minimum 6 month period of separation before divorce, but what if I can't make him leave? I've packed his things and set them in the foyer at the front door but he refuses to go. He'd rather stay and antagonize me and cause upheavel in the house.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Louisiana

I understand the minimum 6 month period of separation before divorce, but what if I can't make him leave? I've packed his things and set them in the foyer at the front door but he refuses to go. He'd rather stay and antagonize me and cause upheavel in the house.

My response:

Do single-wide trailers really have a foyer?

IAAL

 

[do3500]

He won't leave

Louisiana

I don't know if they do. I've never lived in one. Does yours have a foyer? I'm sorry. I thought this was a serious forum that could offer me answers, I was wrong. Last post.

 

[bulldogg70]

What is the name of your state? Louisiana

I understand the minimum 6 month period of separation before divorce, but what if I can't make him leave? I've packed his things and set them in the foyer at the front door but he refuses to go. He'd rather stay and antagonize me and cause upheavel in the house.

LOL this is a serious place. Anyway, is there anyway you can leave, or is it your house. There are other ways but appears those ways have not bee met yet.

 

[do3500]

He won't leave

Louisiana

Thank you Bulldogg70 for showing a little compassion; toughest thing I've ever experienced. Been married 15 years in Aug. RN, worked all 15. Paid all of bills except kids tuition (he pays). He's a self-employed contractor who's always in the red, so he says. I've never seen a paycheck (except the ones I cashed for him), yet he somehow manages to purchase job materials and other items. Tuition usually paid after threats made to put kids (2 girls 14 & 8) out of school. Extremely poor money management. We have never combined checking accounts. He would drain it dry and has a history of severly, overdrawn & NSF checks (a few to the DA). I pay all essentials otherwise we'd constantly be with lights off, water off, cable off, no groceries, you get the picture. He contributes nothing to running of household. Usually gets home when girls are sleeping & homework done. Brings them to school (10 minutes in AM) and puts aside Sunday evening for a movie or lunch. Refinanced home, it's in my name. This is just 4 starters.

 

[LdiJ]

Louisiana

Thank you Bulldogg70 for showing a little compassion; toughest thing I've ever experienced. Been married 15 years in Aug. RN, worked all 15. Paid all of bills except kids tuition (he pays). He's a self-employed contractor who's always in the red, so he says. I've never seen a paycheck (except the ones I cashed for him), yet he somehow manages to purchase job materials and other items. Tuition usually paid after threats made to put kids (2 girls 14 & 8) out of school. Extremely poor money management. We have never combined checking accounts. He would drain it dry and has a history of severly, overdrawn & NSF checks (a few to the DA). I pay all essentials otherwise we'd constantly be with lights off, water off, cable off, no groceries, you get the picture. He contributes nothing to running of household. Usually gets home when girls are sleeping & homework done. Brings them to school (10 minutes in AM) and puts aside Sunday evening for a movie or lunch. Refinanced home, it's in my name. This is just 4 starters.

Well....you could try changing the locks. Its not legal and he could force you to let him back in the home if he truly pursued it...but you could try. At least then he would know for sure that you really MEAN it. He may honestly not "get" that now. If the home is in your name only you will be the one who gets the home....but most likely you will have to give him a share of the equity. However if he is as bad about money as it appears, if you have joint debts you may want to negotiate keeping the equity in the home in exchange for taking on the responsibility of the joint debts...because you DO NOT want your credit to be damaged by his bad financial management.

 

[nextwife]

No. it is NOT legal.

If he has no ownership interest or homestead rights, you may be able to give him PROPER 30 day notice per your state's landlord-tenant laws and THEN evict him.

 

[LdiJ]

No. it is NOT legal.

If he has no ownership interest or homestead rights, you may be able to give him PROPER 30 day notice per your state's landlord-tenant laws and THEN evict him.

I DID say that it wasn't legal...Its not..but that doesn't mean that it wouldn't work if he just doesn't "get" that the marriage is over.

 

[nextwife]

The marriage being over does not have anything to do with his "tenancy rights". Unless a judge orders him out, or he is legally evicted he has every right to stay, and IS entitled to a 30 day period per LT laws to arrange other housing.

 

[do3500]

No. it is NOT legal.

If he has no ownership interest or homestead rights, you may be able to give him PROPER 30 day notice per your state's landlord-tenant laws and THEN evict him.

Louisiana

Evict him! That's interesting. Bulldogg70 made mention of ruined credit, well, it's too late. I signed for a pickup with company name as first, me as second. Well as you've probably guessed, I'm the one with the ability to pay. Company basically has no assets. He got in an accident, totaling truck was in litigation, note was not being paid, got several notices from GMAC addressed to company and copy addressed to me. Gave him notices to bring to attorney handling accident. Husband spoke with GMAC a few times. Sometimes showed up in court, sometimes not. He lied & assured me he was . Got a visit 6 am, sheriff came to take me to municipal court. Did all but handcuff me. Thought sure i was on the way to jail. Kids scared to death. Truck now repossessed. Credit shot to hell!!! Litigation ongoing.

 

[do3500]

He won't leave

Louisiana

Can I pick em or what?!!!

When refinancing home, there was 22K in available equity. Got $ with intention to do major repairs, pay private school tuition for the year, etc. Real estate deal comes up with 6 apts (potentially 7th apt back garage), all occupied, he wanted purchased by Bond for Deed. Presented this "great deal" to me and talked me into shelling out 15k of the 22k as down payment.
Had visions of collecting rent and using portion to pay seller each month and balance towards refinanced mortgage payments, didn't happen. He befriended tenants, collected cash directly from some, used 10 day grace period to spend whatever rent collected them recovered $ before time to submit to seller and I never saw most of it. Only 2 of 6 tenants mailed to PO BOX. He eventually filed Bankruptcy, we sold apt complex, money went directly to trustee. I saw none. 1 acre lot (he purchased during marriage) was included in bankruptcy because only 15K of 36K owed and it was going into foreclosure. Apt complex sell paid lots, now lots for sale, pending closing march 31st. I signed a form releasing me from liability for payment of these lot because I didn't want them coming after me when they went unpaid. Basically signed away my rights I guess. now he refers to the $ from pending sale as his. he will distribute as he sees fit.

 

[bulldogg70]

I love La. I lived there for 10 years; New Orleans, Metairie, St. Rose, I am so glad I am gone. Anyway, is the house sole and seperate property??? you may have already answered that question. I am so tempted to tell how to do this, but it just would not be right so I wont. However, you can file for seperation, what Parish do you live in. When you file you can also get temp orders removing him, just make sure you have a legal sep first and all credit cards are out of your name or anything he can get a loan out on with your name.
An RN, I have alot of RN friends, Charity, Ochsner, Hotel Deux 'when it was around' and Touro. I miss visiting that great place, just glad I do not live there any more . . . Best advice I can give you , move West my friend, move west

 

[do3500]

he won't leave

I love La. I lived there for 10 years; New Orleans, Metairie, St. Rose, I am so glad I am gone. Anyway, is the house sole and seperate property??? you may have already answered that question. I am so tempted to tell how to do this, but it just would not be right so I wont. However, you can file for seperation, what Parish do you live in. When you file you can also get temp orders removing him, just make sure you have a legal sep first and all credit cards are out of your name or anything he can get a loan out on with your name.
An RN, I have alot of RN friends, Charity, Ochsner, Hotel Deux 'when it was around' and Touro. I miss visiting that great place, just glad I do not live there any more . . . Best advice I can give you , move West my friend, move west

Hey!!, you're an ole native!!. Born in N.O. now live on westbank (much nicer). Worked at Charity, Ochsner and most other hospitals in city. Specialty, newborn intensive care; now doing home health so I ride the city. Give in to a little temptation and tell me how to do this. No credit cards together, no accounts together, (thank God!!). Legal sep seems to be the way to go. I just want to make sure he has to go. He has been enjoying the "good life" for too long. I've made it too easy for him.