Can he kick her out?

[MomIsWorried]

What is the name of your state? Ohio

Posting this for a friend... she filed for divorce last week ... her attorney said that her husband can file a paper and have her kicked out of the house. BOTH of their names on are the deed. Can one spouse really force the other to leave if both names are on the deed? I'm not too sure about this attorney she has hired ... she filed for custody, but not for temporary custody pending the divorce hearing ... shouldn't the attorney have known to do that for her, and advised her to do such?

 

[Legality]

What is the name of your state? Ohio

Posting this for a friend... she filed for divorce last week ... her attorney said that her husband can file a paper and have her kicked out of the house. BOTH of their names on are the deed. Can one spouse really force the other to leave if both names are on the deed? I'm not too sure about this attorney she has hired ... she filed for custody, but not for temporary custody pending the divorce hearing ... shouldn't the attorney have known to do that for her, and advised her to do such?

What is the name of your state? Ohio

Posting this for a friend... she filed for divorce last week ... her attorney said that her husband can file a paper and have her kicked out of the house. BOTH of their names on are the deed. Can one spouse really force the other to leave if both names are on the deed?

Why aren't you telling us the full story?





I'm not too sure about this attorney she has hired ... she filed for custody, but not for temporary custody pending the divorce hearing ... shouldn't the attorney have known to do that for her, and advised her to do such?

It's the money, honey.

 

[MomIsWorried]

Why aren't you telling us the full story?

There's not much to tell ... they've been married, I believe, 16 years ... they have 2 children together. He is controlling...he can't hold a job, she's worked full-time since the day they were married and has paid most of the bills on her own because he can't hold a job ... he recently lost yet another job due to his attitude and cocky mouth ... they bought the house for next to nothing when they were first married from his grandmother (who had used it as a rental property for several years for extra income), then spent the next 5-6 years remodeling it. She's finally had enough of his bull$hit and decided she would be better off on her own with the kids ... she's not happy and hasn't been for several years. She knows that he can and will be vindictive about this divorce, even though she told him about 2 years ago that she wanted one ... after he begged her to stay, she agreed to try to work it out because of the kids, but nothing has changed, and he refuses to get marriage counseling ... so she's done with it.

As for the house, they made payments to his grandmother for it ... so there was no mortgage, so to speak, but both of their names are on the deed.

 

[LdiJ]

There's not much to tell ... they've been married, I believe, 16 years ... they have 2 children together. He is controlling...he can't hold a job, she's worked full-time since the day they were married and has paid most of the bills on her own because he can't hold a job ... he recently lost yet another job due to his attitude and cocky mouth ... they bought the house for next to nothing when they were first married from his grandmother (who had used it as a rental property for several years for extra income), then spent the next 5-6 years remodeling it. She's finally had enough of his bull$hit and decided she would be better off on her own with the kids ... she's not happy and hasn't been for several years. She knows that he can and will be vindictive about this divorce, even though she told him about 2 years ago that she wanted one ... after he begged her to stay, she agreed to try to work it out because of the kids, but nothing has changed, and he refuses to get marriage counseling ... so she's done with it.

As for the house, they made payments to his grandmother for it ... so there was no mortgage, so to speak, but both of their names are on the deed.

I think she needs a different attorney. In this particular instance she is obviously the one who primarily paid for the home.....plus, obviously she is the only one who could mortgage the home to buy him out of his share.

He wouldn't qualify for a mortgage. It seems to me that she should be filing for him to move out...AND that her attorney should be filing for temporary custody.