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Everything is in MY name...house/deed included. Is there any way to get him out?

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achilders3

Junior Member
What is the name of your state (only U.S. law)? Wisconsin,

My husband and I just recently filed for divorce jointly. He doesn't not want a divorce, but signed them out of anger. He has been having an affair for the past 3 1/2 months. He has left and stayed with his girlfriend for weeks at a time, but has basically come back to stay at the house because he gets HIS kids for a week at a time in the summer.

The house and everything we have is in my name, and 99% of it was owned by me before we were married. I have asked him to leave numerous times, but ultimately he is staying there out of convenience for him and his kids, meanwhile it is pure torture for me. Is there any way I can get him to leave, since the house is MINE, without having to wait for the divorce to be final or without him destroying something in my house or hurting me?

This is killing me and I can't bear to wait 4-6 months for this all to be over with. He just brought his mistress to my house this weekend, and I have had enough!!! Please tell me there is some hope for me.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Wisconsin,

My husband and I just recently filed for divorce jointly. He doesn't not want a divorce, but signed them out of anger. He has been having an affair for the past 3 1/2 months. He has left and stayed with his girlfriend for weeks at a time, but has basically come back to stay at the house because he gets HIS kids for a week at a time in the summer.

The house and everything we have is in my name, and 99% of it was owned by me before we were married. I have asked him to leave numerous times, but ultimately he is staying there out of convenience for him and his kids, meanwhile it is pure torture for me. Is there any way I can get him to leave, since the house is MINE, without having to wait for the divorce to be final or without him destroying something in my house or hurting me?

This is killing me and I can't bear to wait 4-6 months for this all to be over with. He just brought his mistress to my house this weekend, and I have had enough!!! Please tell me there is some hope for me.What is the name of your state (only U.S. law)?
You petition the court to request temporary possession of the house. That's a fairly routine request and quite readily granted.

If you are in real fear of him hurting you, you can request a restraining order, as well, but only if there's a real danger - not just "he's mean to me".

Oh, and you really need to start working on your attitude. It's not YOUR house, it's the marital residence. He has as much right to it as you do - regardless of who pays the mortgage. He is also going to be entitled to 1/2 of marital equity - regardless of who pays the mortgage. I paid 100% of our family's living expenses (including her two daughters from her first marriage) for 13 of the 14 years we were married and would never have considered the house to be mine. Did you forget the part of your vows about the two becoming one?
 

mistoffolees

Senior Member
No....I certainly did not forget this, but he did when he chose to have an affair. I love my husband, but he's a piece of crap that deserves nothing!
Fortunately, the law doesn't agree with you. In a very few states, having an affair can affect property division, but in most, he's entitled to his share of the property regardless.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Wisconsin,

My husband and I just recently filed for divorce jointly. He doesn't not want a divorce, but signed them out of anger. He has been having an affair for the past 3 1/2 months. He has left and stayed with his girlfriend for weeks at a time, but has basically come back to stay at the house because he gets HIS kids for a week at a time in the summer.

The house and everything we have is in my name, and 99% of it was owned by me before we were married. I have asked him to leave numerous times, but ultimately he is staying there out of convenience for him and his kids, meanwhile it is pure torture for me. Is there any way I can get him to leave, since the house is MINE, without having to wait for the divorce to be final or without him destroying something in my house or hurting me?

This is killing me and I can't bear to wait 4-6 months for this all to be over with. He just brought his mistress to my house this weekend, and I have had enough!!! Please tell me there is some hope for me.What is the name of your state (only U.S. law)?
Yes, you get yourself an attorney and ask the judge to order that you have exclusive use of the marital home, pending the divorce being final.
 
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