Rights to Home

[kidoday]

What is the name of your state? MI

I am having a hard time finding the right forms to fill out. I need exclusive rights to the home. Meaning I don't want my current spouse whose name is on the mortgage to be able to access the house while I am not around.

[Ohiogal]

Is the individual also on the deed? If your spouse is on the deed and the mortgage that person is joint owner. Since you are married that person has a right to enter the house. The only way to prohibit that is to request an order (which will be temporary until a final divorce decree) that you are exclusive possession of the house. However until you get that spouse is allowed into the home.

[kidoday]

I know all that. Thanks for backing up the information I knew to be correct.

I just can't find the correct forms to fill out to get the order to prohibit him from the house.

[Ohiogal]

Originally Posted by kidoday

I know all that. Thanks for backing up the information I knew to be correct.

I just can't find the correct forms to fill out to get the order to prohibit him from the house.

YOu write it yourself or get an attorney to do it. But you HAVE to have filed for divorce. They are not going to kick him out for no reason. The temporary orders are in CONJUNCTION with a divorce filing. So file a complaint for a divorce, all other forms that the local rules in your county require, and a request for temporary orders until the divorce is finalized and all property is disposed of. Not every county has such forms. Sometimes it takes writing an actual motion.

[kidoday]

So if there is no divorce filed then there isn't anything one can do?

That is interesting.

The man left at will, there wasn't any kicking out. So what makes a person safe in a separation from the other party "cleaning" out the home at will if no divorce is filed?

[weenor]

Originally Posted by kidoday

So if there is no divorce filed then there isn't anything one can do?

That is interesting.

The man left at will, there wasn't any kicking out. So what makes a person safe in a separation from the other party "cleaning" out the home at will if no divorce is filed?

That's why you have to file for the divorce. Right now it is likely that he has a much right to the property as you do.

[Bali Hai]

Originally Posted by kidoday

So if there is no divorce filed then there isn't anything one can do?

That is interesting.

The man left at will, there wasn't any kicking out. So what makes a person safe in a separation from the other party "cleaning" out the home at will if no divorce is filed?

Nothing. Just ask the husbands who had that happen to them. I'm really surprised at your train of thought.

Get a legal separation or file for divorce.

[kidoday]

Originally Posted by Bali Hai

Nothing. Just ask the husbands who had that happen to them. I'm really surprised at your train of thought.

Get a legal separation or file for divorce.

This is not an opnion forum. Please refrain from answering until you can add a legal answer.

[kidoday]

Originally Posted by weenor

That's why you have to file for the divorce. Right now it is likely that he has a much right to the property as you do.

Please refer back to the original thread and question. I need the form, not the answer. I already had that part.

If you can not provide the "legal" Michigan form to file. Please don't offer your opinion to the problem.

[Ozark_Sophist]

In my opinion, you already got the legal answer. Even if he left "at will," he still has rights to his property. File for divorce.

Also,

FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

[Ohiogal]

Originally Posted by kidoday

Please refer back to the original thread and question. I need the form, not the answer. I already had that part.

If you can not provide the "legal" Michigan form to file. Please don't offer your opinion to the problem.

You are being rude. So call the damn clerk's office and ask them for the form -- if they don't have one WRITE THE DIVORCE COMPLAINT AND THE MOTION YOURSELF! You have been answered.

[Justaguy]

Ok, now I have a question:
What happens in a case where SHE leaves the house and the husband stays in the HOUSE and SHE files for divorce?

[Ohiogal]

Originally Posted by Justaguy

Ok, now I have a question:
What happens in a case where SHE leaves the house and the husband stays in the HOUSE and SHE files for divorce?

Depends -- she can ask for temporary orders giving her possession of the house as can he. They both have EQUAL rights to the marital residence until such time as a judge decides.

[nextwife]

Originally Posted by Ohiogal

Depends -- she can ask for temporary orders giving her possession of the house as can he. They both have EQUAL rights to the marital residence until such time as a judge decides.

Regardless, there is no "fill out and file this form to deny co-owner equal rights to property". It must be submitted to a judge for a determination. The poster wants an easy fix, and wants a form that will give her sole possession of the house, and no such animal exists, male or female.

[CLBKLCDTB]

Originally Posted by nextwife

Regardless, there is no "fill out and file this form to deny co-owner equal rights to property". It must be submitted to a judge for a determination. The poster wants an easy fix, and wants a form that will give her sole possession of the house, and no such animal exists, male or female.

Wouldn't it make the difference if the house morgage is in her grandmothers name?