How does one get their wife to move out?

[Joeapro]

In Florida.

My friend and his parents bought a house 7 years ago. He got married 6 years go. The house has been in his and his parents name. The wife says she wants a divorce, but won't file herself, she wants everything. Friend signs his half of the house to his parents, moves into a friends house, changes his address, and tells his parents to kick her out. His lawyer is saying just come up with a way to buy her out and get her to settle.. There are no kids, no real monetary assets. What can he do to save the house? (Side note: she's never paid for anything in the house but makes like 70k, he makes 80k).

 

[Proserpina]

In Florida.

My friend and his parents bought a house 7 years ago. He got married 6 years go. The house has been in his and his parents name. The wife says she wants a divorce, but won't file herself, she wants everything. Friend signs his half of the house to his parents, moves into a friends house, changes his address, and tells his parents to kick her out. His lawyer is saying just come up with a way to buy her out and get her to settle.. There are no kids, no real monetary assets. What can he do to save the house? (Side note: she's never paid for anything in the house but makes like 70k, he makes 80k).

One would ask her very nicely to leave.

Buy her out? She doesn't own anything to buy.

Perhaps your friend could come here with the actual details?

 

[LdiJ]

One would ask her very nicely to leave.

Buy her out? She doesn't own anything to buy.

Perhaps your friend could come here with the actual details?

Marital interest....

However, I agree...his/her friend needs to come here himself. Signing his share of the property over to his parents was an idiot move.

 

[Just Blue]

One would ask her very nicely to leave.

Buy her out? She doesn't own anything to buy.

Perhaps your friend could come here with the actual details?

Per the OP postings it seems like the "friend" leaves others to deal with his mistakes.

 

[Ohiogal]

In Florida.

My friend and his parents bought a house 7 years ago. He got married 6 years go. The house has been in his and his parents name. The wife says she wants a divorce, but won't file herself, she wants everything. Friend signs his half of the house to his parents, moves into a friends house, changes his address, and tells his parents to kick her out. His lawyer is saying just come up with a way to buy her out and get her to settle.. There are no kids, no real monetary assets. What can he do to save the house? (Side note: she's never paid for anything in the house but makes like 70k, he makes 80k).

When did he sign over his half of the house to his parents? That could be a problem. That could be considered a fraudulent transfer OR dissipation of marital assets depending on when the divorce is filed. Your friend NEEDS an attorney.

 

[bronco37]

Your friend can't evict your wife. Your friend can't bring a wrongful detainer action either because they lived there as husband and wife. And the titled spouse can whatever he/she chooses to do so with the property but, his wife can claim that he cheated her of marital asset. But, laws related to property date 600+ years or more whereas marital property BS came only in 1980s. There are a few cases like that. I read one from illinois where the judge found the transfer/sale to parents thru title transfer was valid as wife did not bring an injunctive order before the sale.

 

[TigerD]

Has he considered moving back in with his boyfriend and having loud, boisterous sex on the dining room table? I would think that would cause her to move out and file for divorce.

Other than that - see the advice by Ohiogal. And tell him to get an attorney. He is going to need one.

DC

 

[Silverplum]

Your friend can't evict your wife. Your friend can't bring a wrongful detainer action either because they lived there as husband and wife. And the titled spouse can whatever he/she chooses to do so with the property but, his wife can claim that he cheated her of marital asset. But, laws related to property date 600+ years or more whereas marital property BS came only in 1980s. There are a few cases like that. I read one from illinois where the judge found the transfer/sale to parents thru title transfer was valid as wife did not bring an injunctive order before the sale.

Read. Don't blather in threads that belong to others.

 

[bronco37]

Read. Don't blather in threads that belong to others.

No blathering here. 100% distilled truth.. court proven wisdom.

 

[Proserpina]

Your friend can't evict your wife.

Reading is your friend. Try again.

Your friend can't bring a wrongful detainer action either because they lived there as husband and wife. And the titled spouse can whatever he/she chooses to do so with the property but, his wife can claim that he cheated her of marital asset. But, laws related to property date 600+ years or more whereas marital property BS came only in 1980s. There are a few cases like that. I read one from illinois where the judge found the transfer/sale to parents thru title transfer was valid as wife did not bring an injunctive order before the sale.

600 years ago, huh? 1980s?

LOL!

No.

 

[bronco37]

600 years ago, huh?

“n Moxley [citation omitted], we discussed the evolution of the cause of action of forcible detainer, shedding light on the common law origin of the landowner’s “right of self-help” to recover possession of real property:

At common law prior to the enactment of the statute of 5 Richard 2d, Chapter 8 (1381) in the 14th century, whenever a right of entry existed, the party entitled to the right could lawfully enter and gain his possession by force. This right of self-help was curbed by 5 Richard 2d Chapter 8 which limited entries under claim of right.

5 Richard 2d Chapter 8 (1381), as recorded in Alexander’s British Statutes 247 (2d. ed., vol. 1, 1912), states: “And also the King defendeth, That none from henceforth make and Entry into any Lands and Tenements, but in case where entry is given by the Law, and in such case not with the strong hand, nor with multitude of people, but only in peaceable and easy manner. And if any man from henceforth do to the contrary, and thereof be duly convict, he shall be punished by Imprisonment of Body, and thereof ransomed at the King’s will.”

That law was not in England in 1381 and is not today, punitive. It was enacted in order to address problems existing in the decades following the Black Death, during which time public policy allowed forcible entry or detainer of land and tenements made vacant by death (e.g. between 1347 and 1352 one third of Europe’s population died), but was in 1381 determined to be “prejudicial to the public peace.” Blackstone, Commentaries on the Laws of England

In 1882, the Maryland legislature, codified the British common law in force in Maryland on July 4, 1776, adopting a forcible detainer statute and since that enactment such actions have been brought pursuant to the statutory scheme that exists today in Real Property Article, Sec. 8-402.

While the process remains substantially unchanged since 1882, there has been a substantive modification to forcible detainer law. Prior to Moxley, some Maryland courts had held that force or the threat of force was a necessary element of a forcible detainer claim. In Moxley, the Court of Appeals, modified “forcible detainer” by deleting the requirement of force so that one can bring the cause of action to regain possession of property wrongfully detained in any way. The cause of action is now know as “wrongful detainer.”

Reading is

good

for

everyone

 

[Proserpina]

Please tell me you read that and understand exactly what it says?

Seriously. Please. I beg of thee.

Cuz it doesn't mean what you think it means.

 

[Silverplum]

Blathering. In someone else's thread.



It's an excellent way to guarantee you won't be taken seriously here.

 

[LdiJ]

Please tell me you read that and understand exactly what it says?

Seriously. Please. I beg of thee.

Cuz it doesn't mean what you think it means.

It also has nothing to do with family law.

 

[stealth2]

Reading is

good

for

everyone

So what does what you posted have to do with OP - in FL?