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  #1  
Old 05-02-2009, 03:46 PM
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Join Date: May 2009
Location: New Mexico
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Short Marriage


What is the name of your state (New Mexico)?

We have been married for 7 months. I was buying my house before we got married. We are now going to get a divorce, I was wondering if I could give her a notice to move out. I do about half of my job work from home and need to be back in the house.What is the name of your state (only U.S. law)?
  #2  
Old 05-02-2009, 04:13 PM
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The only person who can make her leave the marital home is the judge.
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  #3  
Old 05-02-2009, 04:15 PM
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Quote:
Originally Posted by diaconiaw View Post
We have been married for 7 months. I was buying my house before we got married. We are now going to get a divorce, I was wondering if I could give her a notice to move out. I do about half of my job work from home and need to be back in the house.
Marriage really has little do with this issue... How long has she LIVED there???
At best, you can follow the normal eviction requirements (written notice then lawsuit).
At worse, she will make some type of ownership or equity claim that the court will have to decide.
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  #4  
Old 05-02-2009, 06:48 PM
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Join Date: May 2009
Location: New Mexico
Posts: 3

Short Marriage


I have been buying the house on my own for two years. She has only lived there since 8/15/08, In the divorce do you guys think she can ask for any part of the house equity. I am buying the house on land contract, the biggest thing is that I have no place to live and she does, also I work out of my home for my job.
  #5  
Old 05-02-2009, 07:01 PM
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Quote:
Originally Posted by diaconiaw View Post
I have been buying the house on my own for two years. She has only lived there since 8/15/08, In the divorce do you guys think she can ask for any part of the house equity. I am buying the house on land contract, the biggest thing is that I have no place to live and she does, also I work out of my home for my job.
Then why did you move out?
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  #6  
Old 05-02-2009, 08:49 PM
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Join Date: May 2009
Location: New Mexico
Posts: 3

Short Marriage


I moved out because she called the cops the other night. They came and told us both to go to seprate room and we did. I went to work and she called and told me when I came back she was going to call the cops and say I hit her, which I never have done. I work at a prison where I need to keep my sucurity clearance. Can`t afford to lose that with police keep showing up. I thought it would be best to leave for a few days.
  #7  
Old 05-02-2009, 10:22 PM
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Quote:
Originally Posted by diaconiaw View Post
I moved out because she called the cops the other night. They came and told us both to go to seprate room and we did. I went to work and she called and told me when I came back she was going to call the cops and say I hit her, which I never have done. I work at a prison where I need to keep my sucurity clearance. Can`t afford to lose that with police keep showing up. I thought it would be best to leave for a few days.
File for divorce and ask the judge for temporary possession of the residence.

She will be entitled to 1/2 of the marital equity - which is the equity at the time of divorce minus the equity at the time of marriage. In such a short term marriage, that's not likely to be much, if anything.
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