How do I get spouse removed from my house

[Alicia20]

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

I've been married for 5 months and recently filed for divorce. My wife was served last week. I've owned the home for 12 years and had a prenupt before getting married. She doesnt want a divorce and doesn't want to move, she has yet to file her reponse, how can I get her removed (legally). I've offerred to pay for her relocation and down payment but that's not going to work. What and when do I need to do in order to get her out of the house?

 

[Just Blue]

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

I've been married for 5 months and recently filed for divorce. My wife was served last week. I've owned the home for 12 years and had a prenupt before getting married. She doesnt want a divorce and doesn't want to move, she has yet to file her reponse, how can I get her removed (legally). I've offerred to pay for her relocation and down payment but that's not going to work. What and when do I need to do in order to get her out of the house?

You will have to wait for the court to order her out. She has a right to stay in the MARITAL residence until a court states otherwise.

 

[mistoffolees]

You will have to wait for the court to order her out. She has a right to stay in the MARITAL residence until a court states otherwise.

But the court won't order her to leave until OP requests it. So after filing for divorce, OP needs to request temporary possession of the residence. Given the facts as stated, that should be awarded.

 

[Alicia20]

What do you mean by "OP"? Could you give me a summary of what needs to take place?

 

[Just Blue]

What do you mean by "OP"? Could you give me a summary of what needs to take place?

OP = Original Poster = You.

File for divorce. Request in your motion retention of the marital property. Once you have the order, your wife will have to move. Do not engage in arguments with the ex during her residency.

 

[Just Blue]

But the court won't order her to leave until OP requests it. So after filing for divorce, OP needs to request temporary possession of the residence. Given the facts as stated, that should be awarded.

Yup**************

 

[Alicia20]

Yup**************

If she was served on April 24th, how soon could I go to court to get temporary possession and how quickly would it possibly be given?

Also, how is the house considered marital property when I have owned it years before we got together and we have a prenuptial declaring that the property is soley mine?

 

[CourtClerk]

Is this a same sex relationship or are you the soon to be ex husband's new girlfriend?

 

[Zigner]

Also, how is the house considered marital property when I have owned it years before we got together and we have a prenuptial declaring that the property is soley mine?

It is not marital property (Blue Meanie mistyped/misspoke). It is the marital residence (ie: where you have lived during marriage)

 

[Ohiogal]

If she was served on April 24th, how soon could I go to court to get temporary possession and how quickly would it possibly be given?

Also, how is the house considered marital property when I have owned it years before we got together and we have a prenuptial declaring that the property is soley mine?

How quickly can you file a motion requesting temporary sole possession of the marital home, schedule a hearing, attend said hearing and prove your case as to why you should get it?

And why is your name Alicia if you are male?

 

[Alicia20]

Is this a same sex relationship or are you the soon to be ex husband's new girlfriend?

I'm the husband (male), excuse my handle

 

[Just Blue]

It is not marital property (Blue Meanie mistyped/misspoke). It is the marital residence (ie: where you have lived during marriage)

I did. Thank you for clarifying for me.

 

[Alicia20]

How quickly can you file a motion requesting temporary sole possession of the marital home, schedule a hearing, attend said hearing and prove your case as to why you should get it?

And why is your name Alicia if you are male?

I was in a hurry when I first signed up, I will change my name to something more manly and becoming of my true self...not my daughters name and age.

Also, is there a special motion form that I should file?

 

[Ohiogal]

I was in a hurry when I first signed up, I will change my name to something more manly and becoming of my true self...not my daughters name and age.

Also, is there a special motion form that I should file?

There is not a form for everything. You may have to write the actual motion.