Help with determining where a person resides

[PepperJack]

What is the name of your state (only U.S. law)? Florida

Filed a divorce with my ex-wife without the use of lawyers. Divorce is now final. Per our divorce paperwork she must reside in the house which I am paying for else take over all payments and remove my name from deed and mortgage (we are both currently on deed and mortgage).

I know that she is not living in the house. She is living with her fiancee. How do I prove that she is not in the house so that I may force her to vacate the house or take it over?

Here is the wording of the divorce agreement: "Jane Doe shall reside in the house**************..Failure by Jane Doe to comply with this shall require her to vacate property within 60 days and turn it over to me or else refinance the house into her name"

What type of proof will a judge need to confirm that she is breaking the agreement?

 

[Ohiogal]

Where are her belongings? Where does she receive her mail? Where does she spend the majority of her time both waking and sleeping? Where does she list her address on her driver's license? Where does she list her address on doctor's records and other legal forms? Where is she registered to vote? Where is her car registered?

The list goes on. What proof do you have that she lives with her boyfriend?

 

[hmbttw2012]

big deal ! that should not continue long , you could take her for a begger , take your house for a shelter for her.

 

[PepperJack]

Where are her belongings? Where does she receive her mail? Where does she spend the majority of her time both waking and sleeping? Where does she list her address on her driver's license? Where does she list her address on doctor's records and other legal forms? Where is she registered to vote? Where is her car registered?

The list goes on. What proof do you have that she lives with her boyfriend?

Mail, listed address, driver's license, doctor records, voter's registration, etc are all at the address of the jointly owned house. Her days are spent at work and I'm not really sure where she actually spends the rest of her time. We do live in a small town and my "proof" is just strong suspicion at this point, although I have driven by her fiancee's residence during the wee hours (midnight, 4 AM, etc) and her car is always there at those odd hours. Frequently I see her in the early mornings driving past my residence on her way to work and sometimes her fiancee is in the car with her. The jointly owned property is 7 miles in the opposite direction. I know she could just be picking her fiancee up to ride to work (they work together), but would like to know what to do if she has actually moved in with him.

 

[Ohiogal]

Mail, listed address, driver's license, doctor records, voter's registration, etc are all at the address of the jointly owned house. Her days are spent at work and I'm not really sure where she actually spends the rest of her time. We do live in a small town and my "proof" is just strong suspicion at this point, although I have driven by her fiancee's residence during the wee hours (midnight, 4 AM, etc) and her car is always there at those odd hours. Frequently I see her in the early mornings driving past my residence on her way to work and sometimes her fiancee is in the car with her. The jointly owned property is 7 miles in the opposite direction. I know she could just be picking her fiancee up to ride to work (they work together), but would like to know what to do if she has actually moved in with him.

You have nothing then -- except the fact that you are stalking her. If you can PROVE that she has moved in with him then you enforce the court order.

 

[Gracie3787]

Mail, listed address, driver's license, doctor records, voter's registration, etc are all at the address of the jointly owned house. Her days are spent at work and I'm not really sure where she actually spends the rest of her time. We do live in a small town and my "proof" is just strong suspicion at this point, although I have driven by her fiancee's residence during the wee hours (midnight, 4 AM, etc) and her car is always there at those odd hours. Frequently I see her in the early mornings driving past my residence on her way to work and sometimes her fiancee is in the car with her. The jointly owned property is 7 miles in the opposite direction. I know she could just be picking her fiancee up to ride to work (they work together), but would like to know what to do if she has actually moved in with him.

Unless she changes her address for mail, DL, etc, or has the utilities turned off at the property, you really don't have any proof that would hold up in court.

 

[LdiJ]

Plus, sometimes people spend the night frequently with their boyfriend/girlfriend, without living together at all. They maintain their own residence and their own "space". Which is actually very wise.

 

[PepperJack]

You have nothing then -- except the fact that you are stalking her. If you can PROVE that she has moved in with him then you enforce the court order.

I don't think driving by 4 or 5 times in 6 months constitutes stalking. Not to mention that the house is on the main road and she seems to have no worries about simply parking out in the open. Now I am back to my original question of finding some acceptable way of proving where she actually resides.

 

[PepperJack]

Plus, sometimes people spend the night frequently with their boyfriend/girlfriend, without living together at all. They maintain their own residence and their own "space". Which is actually very wise.

Yes, I did consider this as a possibility and if this is the case it is really none of my business. In other words, I don't really care what her personal arrangements are,,,,unless she is actually not really living in the jointly-owned house because that would be a violation of our agreement.

 

[LdiJ]

I don't think driving by 4 or 5 times in 6 months constitutes stalking. Not to mention that the house is on the main road and she seems to have no worries about simply parking out in the open. Now I am back to my original question of finding some acceptable way of proving where she actually resides.

But all you know is that she has stayed the night part of the time.

 

[mistoffolees]

Yes, I did consider this as a possibility and if this is the case it is really none of my business. In other words, I don't really care what her personal arrangements are,,,,unless she is actually not really living in the jointly-owned house because that would be a violation of our agreement.

Her stuff is there and her mail is delivered there, right? As far as the agreement is concerned, that's probably enough.

 

[hmbttw2012]

why is it so crucial that you have to seek proof to demand her to vacate the house ? Did the court release that she must reside in the house? I guess the court~s original meaning is that a half using right of the house is belonging to her , right ?

 

[mistoffolees]

Did the court release that she must reside in the house?

That was pretty well answered in the original post:

""Jane Doe shall reside in the house**************..Failure by Jane Doe to comply with this shall require her to vacate property within 60 days and turn it over to me or else refinance the house into her name""