making one of the spouses leave

[motherofchris]

What is the name of your state? Ohio

My daughter filed for divorced and is staying with her sister who lives next door. He was going to go back to his home state of New Hampshire and then changed his mind because his plan now is to stay in the apartment until they get evicted so she has no place to live. She has 4 kids and he has 2 of their own, none together. He won't allow her in the apartment except for once every few days to get their clothes. Is there any legal way to make him get out before the rent gets too far behind?

 

[seniorjudge]

Q: Is there any legal way to make him get out before the rent gets too far behind?

A: Yes. Your daughter needs to file for divorce. Then her lawyer will ask for a court order to kick him out and let the daughter live there. But this may not work since it is an apartment. The judge may just tell her to get her own apartment.

 

[Ohiogal]

have her call the police to let her in to her own apartment -- which is the marital residence.

 

[LdiJ]

What is the name of your state? Ohio

My daughter filed for divorced and is staying with her sister who lives next door. He was going to go back to his home state of New Hampshire and then changed his mind because his plan now is to stay in the apartment until they get evicted so she has no place to live. She has 4 kids and he has 2 of their own, none together. He won't allow her in the apartment except for once every few days to get their clothes. Is there any legal way to make him get out before the rent gets too far behind?

If your daughter is on the lease to the apartment he can't actually refuse to allow her to enter the apartment. In fact, she could move right back in and he couldn't stop her. Only a judge can order that one or the other of them have exclusive use of the apartment.

 

[nextwife]

Are some kids with him and some with her?

 

[motherofchris]

answer to some of the questions

1. she has filed for divorce, but I don't think they filed the order to make him move out

2. he does allow her access to the apartment for clothing, but she doesn't want to stay with him there because of the verbal abuse

3. he has two children, 1 whose mother lives in New Hampshire where is from and the other doesn't have a mother and they are staying with him, her kids are staying with their father who doesn't want them staying next door to him again because of the verbal abuse

4. she had the apartment before they were married and his name is not on the lease

5. she cannot get another apartment at this time because she doesn't have any money as he had control of the money since he was the one working

 

[LdiJ]

1. she has filed for divorce, but I don't think they filed the order to make him move out

2. he does allow her access to the apartment for clothing, but she doesn't want to stay with him there because of the verbal abuse

3. he has two children, 1 whose mother lives in New Hampshire where is from and the other doesn't have a mother and they are staying with him, her kids are staying with their father who doesn't want them staying next door to him again because of the verbal abuse

4. she had the apartment before they were married and his name is not on the lease

5. she cannot get another apartment at this time because she doesn't have any money as he had control of the money since he was the one working

Look, she doesn't want to do anything to help herself and I don't see how we can help her.
Its HER apartment, he isn't even on the lease. She needs to move straight back into the apartment and stay there until he moves out. She also needs to get a job so that she can pay the rent.

Yes, it may be unpleasant to live with him, but right now she is allowing him to walk all over her.

 

[motherofchris]

response

I kind of agree with you that she is letting him get away with too much but she is the one that would have to put up with the verbal abuse from him and his kids and I don't think I would be able to handle it if I were in the situation. And by doing that, would he turn to physical violence as well? She is afraid to take that chance for the sake of the children. And she is getting a job, but that takes time to start receiving paychecks.

 

[>Charlotte<]

It is your daughter's responsibility, as an adult, to assert her own rights. If he's walking all over her, it's because she's letting him. Moving back into her apartment might not be very pleasant for a while, but unfortunately there are rarely any warm and fuzzy solutions to the problems of a contentious divorce. She just needs to get tough and deal with what she has to deal with.

She is, at least, fortunate that her children can stay with their father for the time being.

If he becomes physically abusive she has legal recourse for that, too. But not doing anything because "if she does this, he might do that" isn't going to get her anywhere.

He can't "not allow" her into her own apartment.

 

[Just Blue]

Tell your daughter to move back into the apt and give him notice to vacate (30 days) if he doesn't leave she will need to start eviction proceedings. If he gets violent CALL THE POLICE and get a restraining order.

 

[Ohiogal]

Tell your daughter to move back into the apt and give him notice to vacate (30 days) if he doesn't leave she will need to start eviction proceedings. If he gets violent CALL THE POLICE and get a restraining order.

SHE CANNOT DO THAT B! They are married and as such only a court order can get him out. Not an eviction process. She cannot evict her husband. She can file for divorce however and petition for temporary orders for sole possession of the residence but OP how is she going to pay the bills?

 

[LdiJ]

SHE CANNOT DO THAT B! They are married and as such only a court order can get him out. Not an eviction process. She cannot evict her husband. She can file for divorce however and petition for temporary orders for sole possession of the residence but OP how is she going to pay the bills?

He already stated that he was only going to stay there until they got evicted...

 

[Just Blue]

SHE CANNOT DO THAT B! They are married and as such only a court order can get him out. Not an eviction process. She cannot evict her husband. She can file for divorce however and petition for temporary orders for sole possession of the residence but OP how is she going to pay the bills?

Oops!! My bad...I thought it was a bf/gf situation...sorry

 

[nextwife]

his plan now is to stay in the apartment until they get evicted

Well, if NOBODY is paying the LL, then a judges eviction of either may be moot, as the LL will already have done the deed.

 

[Shay-Pari'e]

OK, nobody has called K-Dar on this, so I am the evil stalker that will.

K-Dar!