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Being kicked out before divorce

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mouse495

Junior Member
What is the name of your state? Illinois

My wife and I have agreed on a divorce, we've lived together for 10yrs, married for almost 2yrs. She had the house before the marriage.
My wife wants me out of the house, now, we have not filed the divorce papers yet.
Can she do this, kick me out, now? She also, wants me to move all the stuff she says is mine out of the house, now.
Is this legal?

THX
Mouse
 


LdiJ

Senior Member
mouse495 said:
What is the name of your state? Illinois

My wife and I have agreed on a divorce, we've lived together for 10yrs, married for almost 2yrs. She had the house before the marriage.
My wife wants me out of the house, now, we have not filed the divorce papers yet.
Can she do this, kick me out, now? She also, wants me to move all the stuff she says is mine out of the house, now.
Is this legal?

THX
Mouse
You have tenency rights and you could force her to go through the process of evicting you, or of getting a judge to order you to leave. However, in the end you are going to have to leave, so why prolong the inevitable?

Put your stuff in storage and go stay with family or friends until you can get a place of your own.
 

mouse495

Junior Member
LdiJ said:
You have tenency rights and you could force her to go through the process of evicting you, or of getting a judge to order you to leave. However, in the end you are going to have to leave, so why prolong the inevitable?

Put your stuff in storage and go stay with family or friends until you can get a place of your own.

Yes I agree, but there are pets involved, 4 Cats, 2 Dogs, and 5 fishtanks.

I am in the process of trying to move into a place, she(wife) has prolonged the situation, by doing various things, like changing/canceling phone service, locking me out of our computer, not letting me get my mail, not signing the paperwork to get things rolling.
I have no credit, so it's hard for me to get housing, I needed proof that I was paying mortgage in the house, she wouldn't sign paperwork or admit that I am.
Its alot of other silly things, she wants me out but doesn't want me to leave.

Mouse
 

LdiJ

Senior Member
mouse495 said:
Yes I agree, but there are pets involved, 4 Cats, 2 Dogs, and 5 fishtanks.

I am in the process of trying to move into a place, she(wife) has prolonged the situation, by doing various things, like changing/canceling phone service, locking me out of our computer, not letting me get my mail, not signing the paperwork to get things rolling.
I have no credit, so it's hard for me to get housing, I needed proof that I was paying mortgage in the house, she wouldn't sign paperwork or admit that I am.
Its alot of other silly things, she wants me out but doesn't want me to leave.

Mouse
Ok...then I suggest that you sit her down and have a very calm discussion about the fact that you can't leave without her cooperating with the process.
I can understand why she wouldn't be willing to sign paperwork stating that you had been paying for the mortgage. An attorney would advise her against doing that. However she needs to be less obstructive with other matters.

As far as the pets are concerned, most landlords would not allow that many pets in a rental property...so you may have to leave them with your ex.
 

mouse495

Junior Member
LdiJ said:
Ok...then I suggest that you sit her down and have a very calm discussion about the fact that you can't leave without her cooperating with the process.
I can understand why she wouldn't be willing to sign paperwork stating that you had been paying for the mortgage. An attorney would advise her against doing that. However she needs to be less obstructive with other matters.

As far as the pets are concerned, most landlords would not allow that many pets in a rental property...so you may have to leave them with your ex.

Yes, we agreed on leaving the pets, but suddenly she has desided that they are mine, and she wants them out, as well as most of the furniture & vehicles.
Every week its something different. Our first agreement was that I have until Aug. to get out, and that we would split everything. I'm going from a house to an apartment, it would'nt be wise for me to take most of the furniture & vehicles.
I have put most of my things in storage, when she is not locking me out of the house, or preventing me from moving my things in the Van.
 

nextwife

Senior Member
Frankly, if she doesn't want the pets, AND she wants to stay, she needs to cooperate so that housing to accomidate the pets can be obtained first. Are you a co-owner, or co-renter?

You are both responsible for their welfare, as of now, and that has to be taken into consideration in all housing decisions. They are not furniture you simply move to the curb if you don't want them around. DON'T move until you and she have located appropriate housing for you and them, as it is she who wants them out. IT is just as much your place as hers, unless it was hers before you both got together, or unless she alone is on the deed/lease. Also, I suggest a Mailboxes type location to forward your mail right now.
 

mouse495

Junior Member
nextwife said:
Frankly, if she doesn't want the pets, AND she wants to stay, she needs to cooperate so that housing to accomidate the pets can be obtained first. Are you a co-owner, or co-renter?

You are both responsible for their welfare, as of now, and that has to be taken into consideration in all housing decisions. They are not furniture you simply move to the curb if you don't want them around. DON'T move until you and she have located appropriate housing for you and them, as it is she who wants them out. IT is just as much your place as hers, unless it was hers before you both got together, or unless she alone is on the deed/lease. Also, I suggest a Mailboxes type location to forward your mail right now.
Yes, that was our first agreement to give me time to find a house to rent that allows pets. But, now she is getting angry over the breakup and does not want to see me.
It is her house she had it when I met her, I sold my house & moved in with her then we got married. My name is not on any deed.
Yes, I got a PO Box.

Mouse
 

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