EX WIFE WONT VACATE MARITAL HOME

[Menfla]

What is the name of your state? Florida

Uncontested divorce , ex wife retained an attorney , I didnt.
Divorce was final end of Feb 2018.
We agreed to alimony / no child support , we also agreed that she would move out of marital residence , but final living arrangements are not addressed in the decree.
She now refuses to move out.
We are both listed on the property deed , but I am the mortgage holder.
Is there any legal way for me to force her to move out ?

 

[Zigner]

What is the name of your state? Florida

Uncontested divorce , ex wife retained an attorney , I didnt.
Divorce was final end of Feb 2018.
We agreed to alimony / no child support , we also agreed that she would move out of marital residence , but final living arrangements are not addressed in the decree.
She now refuses to move out.
We are both listed on the property deed , but I am the mortgage holder.
Is there any legal way for me to force her to move out ?

You may need to go back to court with a motion for contempt...

Or you could offer to help her with costs. Sometimes money is a powerful motivator.

 

[CdwJava]

If the move out was not addressed in the divorce decree, there would be no contempt. The wording of Menfla's post leaves room for interpretation on that count. It might depend on how any joint assets were assigned, or who got custody of the residence. If Menfla has sole custody of the residence, he may have to move for an eviction.

 

[xylene]

Well, not having a lawyer was a costly mistake. You certainly need one now and if you expect this to be resolved with anything like the urgency you seem to have...

 

[Zigner]

If the move out was not addressed in the divorce decree, there would be no contempt. The wording of Menfla's post leaves room for interpretation on that count.

You're right. Upon re-reading the post, it could be either way.

 

[stealth2]

I'm more interested in the agreement to "no child support"... Who has custody?

 

[HRZ]

And be careful about any supposed tenant status the EX might have....tenants have piles of rights and must be evicted by attention to due process rules.

 

[stealth2]

So..... no Quit Claim Deed was signed?

 

[not2cleverRed]

I think OP needs to carefully read the divorce decree.

OP's wife had legal representation in this divorce, and I just find it highly unlikely that the decree highly favor OP.

Like stealth, I am surprised at the mention of "no child support" as that implies that there are children of an age to be supported. Is the agreement alimony in lieu of child support?

OP says he gets the house, but that final living arrangements aren't addressed in the decree. That seems mighty odd. In fact, if the property is not addressed in the decree, and her name is still on the deed, then OP needs to get himself a lawyer and figure out just what it is that he "agreed" to in this "uncontested" divorce..

 

[not2cleverRed]

And be careful about any supposed tenant status the EX might have....tenants have piles of rights and must be evicted by attention to due process rules.

Tenants generally don't have their names on the property deed.

 

[HRZ]

missed that...

 

[CdwJava]

But, if the house was awarded to the OP, then that can make the spouse a tenant, for all intents and purposes. In my experience, the party with primary custody tends to get the house ... though the other party might still have to help pay for it. It seems particularly odd that such an apparently one-sided decree could even happen. There must be more to this.

 

[not2cleverRed]

But, if the house was awarded to the OP, then that can make the spouse a tenant, for all intents and purposes. In my experience, the party with primary custody tends to get the house ... though the other party might still have to help pay for it. It seems particularly odd that such an apparently one-sided decree could even happen. There must be more to this.

Especially since one-sided decrees usually favor the one with legal counsel over the pro se party.

 

[Zigner]

But, if the house was awarded to the OP, then that can make the spouse a tenant, for all intents and purposes.

Except not for Landlord/Tenant law purposes.

 

[CdwJava]

Except not for Landlord/Tenant law purposes.

If the home was awarded to the OP, and the spouse is no longer an owner, why not? If the OP were the sole legal owner, then the spouse would be there unlawfully. The OP could then treat the ex as a tenant, or, have her removed using whatever process state law might permit.

It seems unlikely that this is the case since the OP says that her name is on the deed, but, if it were the case, the ex would no longer have a right to ownership.