Help! Getting kicked out.

[sidnbritches]

What is the name of your state (only U.S. law)? Tennessee

Didn't know which forum to post this. My ex-wife and I divorced last year. She got the house and I didn't recieve any equity out of it. She would have had to take out a loan or sell to give me my half. She allowed me to keep living there with no written agreement or anything. I was/still am struggling financially. I only signed my name off the house this March. Less than a month later she tells me she has a boyfriend and that I need to leave immediatley. Last Thursday I recieved a summons to court for this Thursday where she is looking to get me kicked out immediatley. I was just wondering if I have any leg to stand on. There was no kind of landlord/tenant agreement, I was just still living there and am in no position to get my own place with such a short notice. I work full time and am still paying off bills that were accrued while we were married. So, it's her house, I guess we are roomates now. Will the judge say I have to leave just like that?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Tennessee

Didn't know which forum to post this. My ex-wife and I divorced last year. She got the house and I didn't recieve any equity out of it. She would have had to take out a loan or sell to give me my half. She allowed me to keep living there with no written agreement or anything. I was/still am struggling financially. I only signed my name off the house this March. Less than a month later she tells me she has a boyfriend and that I need to leave immediatley. Last Thursday I recieved a summons to court for this Thursday where she is looking to get me kicked out immediatley. I was just wondering if I have any leg to stand on. There was no kind of landlord/tenant agreement, I was just still living there and am in no position to get my own place with such a short notice. I work full time and am still paying off bills that were accrued while we were married. So, it's her house, I guess we are roomates now. Will the judge say I have to leave just like that?

Unless I'm misunderstanding something, there's nothing you can do. To make sure I have the facts right:

Your divorce has been final since last year.
Your ex-wife was awarded the house in the divorce.

Based on that, you should be thankful that she gave you a place to live for a year - she didn't have to. You don't have a matter of days to find a place to live, you've had a year to find a place to live. Time to get moving.

The only recourse you have is that you say she was supposed to pay you for your share of the equity in the home and haven't done so. You can ask the court to force her to pay that - or to sell the house if that's the only way she can pay you what she owes. Or, you can ask the court to have her take on more of the debt in lieu of paying for your share of the home equity. (However, keep in mind that if your name is on the debt, the creditors will still come after you if she refuses to pay). But none of that gives you any right to stay in the home after she asks you to leave (unless the decree specifically says you can stay there, but that would be extremely unlikely).

 

[cyjeff]

How long did you think you would be able to stay?

 

[LdiJ]

What is the name of your state (only U.S. law)? Tennessee

Didn't know which forum to post this. My ex-wife and I divorced last year. She got the house and I didn't recieve any equity out of it. She would have had to take out a loan or sell to give me my half. She allowed me to keep living there with no written agreement or anything. I was/still am struggling financially. I only signed my name off the house this March. Less than a month later she tells me she has a boyfriend and that I need to leave immediatley. Last Thursday I recieved a summons to court for this Thursday where she is looking to get me kicked out immediatley. I was just wondering if I have any leg to stand on. There was no kind of landlord/tenant agreement, I was just still living there and am in no position to get my own place with such a short notice. I work full time and am still paying off bills that were accrued while we were married. So, it's her house, I guess we are roomates now. Will the judge say I have to leave just like that?

Yep, she certain CAN evict you and a judge certainly WILL make you move out immediately.

You are divorced. She got the house. If she doesn't want you to live there, then you have to move. Its that simple.