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benjaminlrigg

Junior Member
What is the name of your state? Florida
My wife and I have been married 23 years, seperated for the last 10. She had a drug problem wanted "that life" more than me and our son, so she left and went to another state for the last 9 years. She even spent a couple of those years in prison in Tennessee. I moved on, and have a lovely woman I am devoted to, and want to get a divorce. Up until now, I stayed married for a host of reasons. One, for our son, two, being "out of site, out of mind", and three, I guess the cost of divorce. However, now, I am ready to get that part of my life over with. The problem, we own a house together, we purchased 11 years ago, so she lived here only a couple of years before she left. In March, she moved back to Florida and moved in with our son, who now is not speaking to me. They had this idea that we would get back together and be "one big happy family" now. She has been doing some strange things, like telling our friends that we are getting back together, she got a Florida driver's license with my home's address, and got her voter's registration, registered to this address. Now, I know her name is on the deed, and mortgage for this house, but she doesn't live here, why would she do that? Someone told me she might be trying to prove that she lives here, so when we do go to court for the divorce, it will look like she has been living here. She wants me to sell the house, and she wants half of the profit. She hasn't paid a penny in 9 years, I don't see that she should get half of it? I mean, I raised our son here, I took care of it, paid all the payments, insurance, taxes, and my girlfriend and I even rebuilt after the hurricanes devastated us a couple years ago. I know I need to get a lawyer, but I guess my legal questions are: 1. Is it legal for her to use this address, and have mail, etc. sent here, besides annoying us by using this address and having people call her at this number, when she knows she isn't going to be here, is this legal? 2. Can she force me to sell the house, and if she can, is it cut and dried and chiseled in stone that she will get half of the profit? Can a judge possibly see my side that she hasn't contributed anything in 9 years, and therefore doesn't deserve anything? and Finally, I can't figure out what she's doing, by getting things put in her name and this address, and if she files for divorce before I do, would that have any bearing on anything? I have to get the money to hire a lawyer, which I am in the process of doing, but it will probably be a few more months, I know she has to live here 6 months before she can legally file for divorce and I think it will be 6 months in August. I'm leary of what she might have "up her sleeve". It is not below her to forge my name on things, which she has done and I just caught her trying to get a loan on the equity in the home. Luckily, I got the paperwork out of my mailbox,before she managed to. She comes by and gets into my mailbox while I am at work! My neighbor said he saw her snooping in and peeking in the windows while we were at work the other day. She says it is her house, and she's not doing anyting wrong....my girlfriend is being very patient, but we are both losing our patience with her. Any advice you can give me, would be appreciated!
 


LdiJ

Senior Member
Technically, as long as her name is on the deed it is just as much her house as it is your house. That doesn't change until a judge makes an order regarding the house.

She will likely receive some share of the equity, even if its only a small share. If the house has alot of equity it might be wise to hire a good attorney.
 

Gracie3787

Senior Member
benjaminlrigg said:
What is the name of your state? Florida
My wife and I have been married 23 years, seperated for the last 10. She had a drug problem wanted "that life" more than me and our son, so she left and went to another state for the last 9 years. She even spent a couple of those years in prison in Tennessee. I moved on, and have a lovely woman I am devoted to, and want to get a divorce. Up until now, I stayed married for a host of reasons. One, for our son, two, being "out of site, out of mind", and three, I guess the cost of divorce. However, now, I am ready to get that part of my life over with. The problem, we own a house together, we purchased 11 years ago, so she lived here only a couple of years before she left. In March, she moved back to Florida and moved in with our son, who now is not speaking to me. They had this idea that we would get back together and be "one big happy family" now. She has been doing some strange things, like telling our friends that we are getting back together, she got a Florida driver's license with my home's address, and got her voter's registration, registered to this address. Now, I know her name is on the deed, and mortgage for this house, but she doesn't live here, why would she do that? Someone told me she might be trying to prove that she lives here, so when we do go to court for the divorce, it will look like she has been living here. She wants me to sell the house, and she wants half of the profit. She hasn't paid a penny in 9 years, I don't see that she should get half of it? I mean, I raised our son here, I took care of it, paid all the payments, insurance, taxes, and my girlfriend and I even rebuilt after the hurricanes devastated us a couple years ago. I know I need to get a lawyer, but I guess my legal questions are: 1. Is it legal for her to use this address, and have mail, etc. sent here, besides annoying us by using this address and having people call her at this number, when she knows she isn't going to be here, is this legal? 2. Can she force me to sell the house, and if she can, is it cut and dried and chiseled in stone that she will get half of the profit? Can a judge possibly see my side that she hasn't contributed anything in 9 years, and therefore doesn't deserve anything? and Finally, I can't figure out what she's doing, by getting things put in her name and this address, and if she files for divorce before I do, would that have any bearing on anything? I have to get the money to hire a lawyer, which I am in the process of doing, but it will probably be a few more months, I know she has to live here 6 months before she can legally file for divorce and I think it will be 6 months in August. I'm leary of what she might have "up her sleeve". It is not below her to forge my name on things, which she has done and I just caught her trying to get a loan on the equity in the home. Luckily, I got the paperwork out of my mailbox,before she managed to. She comes by and gets into my mailbox while I am at work! My neighbor said he saw her snooping in and peeking in the windows while we were at work the other day. She says it is her house, and she's not doing anyting wrong....my girlfriend is being very patient, but we are both losing our patience with her. Any advice you can give me, would be appreciated!
I'm not sure about some of your questions, however there are 2 that I do know the answer to.

Yes, it is illegal for her to give a fake (non residential) address on her voter registration and her DL. Although she is legally part owner of the home, both of those IDs require a RESIDENTIAL address. Since she isn't living there it is not her correct residentila address.

You can contact the DMV and Supervisor of Elections offices. Explain the situation to them, be sure to bring copies of your utility bills etc to prove that she does not reside in the home.

You can also go to the post office and there is a form you can fillout that basically restricts delivery of mail to only household members. They can also give you something (if I remember correctly, it'll be a little post card thing) that states that removing mail from another person's box is a felony.
 

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