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Thread: Spouse Eviction

  1. #1
    Mckey is offline Junior Member
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    Spouse Eviction

    What is the name of your state (only U.S. law)? MD
    I have reached a state of non-reconciliation with my wife. I purchased and solely own the house in which we are living. My wife also owns a house that she purchased before we wed. Both houses are located about 5 miles away. Her house is not under any lease agreement, so she can move in anytime she wants.

    Lately I suggested that we separated, and that she could move to her house during the separation. She refused and told me to move out of my house. I would gladly do that, but unfortunately, I have been paying all mortgage and bills alone (for as long as I met her) and I can barely save any money on the side. I think she is trying to hurt me for asking a separation, but yet makes our marriage life miserable.

    Is there a legal way she could be ordered to move out and go to her house while I stay at my house? I am considering advices from an attorney, but I wanted to hear from you guys first.

    Important: We have a one year old girl that I love dearly.

    Best regards.What is the name of your state (only U.S. law)?
  2. #2
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Mckey View Post
    What is the name of your state (only U.S. law)? MD
    I have reached a state of non-reconciliation with my wife. I purchased and solely own the house in which we are living. My wife also owns a house that she purchased before we wed. Both houses are located about 5 miles away. Her house is not under any lease agreement, so she can move in anytime she wants.

    Lately I suggested that we separated, and that she could move to her house during the separation. She refused and told me to move out of my house. I would gladly do that, but unfortunately, I have been paying all mortgage and bills alone (for as long as I met her) and I can barely save any money on the side. I think she is trying to hurt me for asking a separation, but yet makes our marriage life miserable.

    Is there a legal way she could be ordered to move out and go to her house while I stay at my house? I am considering advices from an attorney, but I wanted to hear from you guys first.

    Important: We have a one year old girl that I love dearly.

    Best regards.What is the name of your state (only U.S. law)?
    If you really love your daughter dearly, you'd better work on negotiating things with your wife rather than making everything adversarial.

    The answer is that you can not force her to leave. Other than simply waiting for the divorce, your only option is to file for divorce and then petition the judge for temporary possession of the marital residence. If she has another suitable house only 5 miles away and you don't have anywhere else to live, that sounds (at least based on the limited information you provided) like a reasonable request. But you need to go through the appropriate mechanism - file for divorce, then petition for possession.

    If the two of you have 2 houses and a child, you should probably see an attorney at once. It's not worth risking everything on a public forum.
    Last edited by mistoffolees; 10-06-2008 at 03:36 PM. Reason: Typo
  3. #3
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    If you really love your daughter dearly, you'd better work on negotiating things with your wife rather than making everything adversarial.

    The answer is that you can not force her to leave. Other than simply waiting for the divorce, your only option is to file for divorce and then petition the judge for temporary possession of the marital residence. If she has another suitable house only 5 years away and you don't have anywhere else to live, that sounds (at least based on the limited information you provided) like a reasonable request. But you need to go through the appropriate mechanism - file for divorce, then petition for possession.

    If the two of you have 2 houses and a child, you should probably see an attorney at once. It's not worth risking everything on a public forum.
    Can I borrow your time machine? I would love to go to the Year 3000.

    The rest of it makes sense.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Can I borrow your time machine? I would love to go to the Year 3000.

    The rest of it makes sense.
    OK. I fixed it.

    But if I had a time machine, I wouldn't go to the year 3,000. I'd go back to about 2000 and invest in Google. And then I'd go back to about 3 weeks ago and sold everything.
    Last edited by mistoffolees; 10-06-2008 at 03:39 PM.
  5. #5
    Ohiogal is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    OK. I fixed it.

    But if I had a time machine, I wouldn't go to the year 3,000. I'd go back to about 2000 and invest in Google. And then I'd go back to about 3 weeks ago and sold everything.
    Good point. I would have bought Yahoo way back when. Then sold it. Bought Google. Sold it. All sorts of stuff. (Oh and the year 3000 refers to a song from a Disney film -- trying to keep things G rated.)
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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