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  1. #1
    sher13 is offline Junior Member
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    How do I remove my spouse from our home

    What is the name of your state? NY
  2. #2
    Ohiogal is offline Senior Member
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    Legally you need a court order removing him from the marital residence. File for divorce and ask for sole possession of the home until the final decree.
    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.
  3. #3
    nextwife is offline Senior Member
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    Also: who is the owner/leasee of the residence?

    If rented: Did the LL lease/rent to both of you together or to just one or the other? To whom has he/she granted the legal right to be there?
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    Also: who is the owner/leasee of the residence?

    If rented: Did the LL lease/rent to both of you together or to just one or the other? To whom has he/she granted the legal right to be there?
    That may not matter at all in removing the spouse at this juncture. It matters when it comes who retains ownership.
    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.
  5. #5
    nextwife is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    That may not matter at all in removing the spouse at this juncture. It matters when it comes who retains ownership.
    It makes a difference in who gets to stay longer term. If the LL rented to only one of them (example, before, the marriage occured) lease terms may not require him to continue to rent to a "third party" once the LLs tenant has moved out. A property owner entres into an agreement to provide THEIR property to the tenant for whom they have run the credit checks, verified employment or income, etc. A LL is not necessarilly obligated to allow a third party to stay alone in a rental, when the rental agreement is NOT with the occupant. So it's something that should be considered in deciding "who will stay and who will go"
    Last edited by nextwife; 05-16-2008 at 12:59 PM.
  6. #6
    Ohiogal is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    It makes a difference in who gets to stay longer term. If the LL rented to only one of them (example, before, the marriage occured) lease terms may not require him to continue to rent to a "third party" once the LLs tenant has moved out. A property owner entres into an agreement to provide THEIR property to the tenant for whom they have run the credit checks, verified employment or income, etc. A LL is not necessarilly obligated to allow a third party to stay alone in a rental, when the rental agreement is NOT with the occupant. So it's something that should be considered in deciding "who will stay and who will go"
    I think we are both saying the same thing. Temporarily it doesn't matter HOWEVER longterm for (I used ownership but possession may have been the better term) who is on the lease or deed matters.
    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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