Ex-wife refusing to leave house - Talk About Marriage
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post #1 of 6 (permalink) Old 12-24-2012, 10:49 AM Thread Starter
Join Date: Dec 2011
Location: Florida
Posts: 188
Ex-wife refusing to leave house

The house is mine. We have two children and share joint-custody.

I set the move-out date of January after a year of her dragging her feet, acting irresponsibly and paying no rent.

Now, she is now threatening to call the police to allow her to stay because I stupidly agreed (in divorce paperwork) that I would let her stay until she found suitable housing. She tells me she needs more time because she found a place ready in February (despite there being other units available, she wants a particular unit that won't be available until Feb.)

She does have a place to stay at her bf's parents house, but I am not allowing her to take the children because the bf has physically abused her in the past / has a record / is an alcoholic.

I am telling her to call the police, but I'm not sure what the outcome would be.

Am I bound by the agreement that she live here until she finds suitable housing?

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post #2 of 6 (permalink) Old 12-24-2012, 04:47 PM
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Re: Ex-wife refusing to leave house

Calling the police will have NO effect other than to put law enforcement on notice that there are problems at your house. Your issue is a civil matter and the police don't deal with those. They enforce CRIMINAL laws when they are broken which is not the case here.

If you signed in your divorce decree that she can live in the marital home until she finds suitable housing then she can stay until those conditions are met, period. Does your decree give her a deadline?

I am surprised you would agree to this considering your EX is actively CHEATING on you.

You won't have control over where she takes the kids once she moves out and it's her parenting time unless you can PROVE, with clear and convincing evidence, that the bf will cause harm to the kids. Good luck with that.

I am not a lawyer and the above is not legal advice.

Best of luck to you.
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post #3 of 6 (permalink) Old 12-24-2012, 05:55 PM
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Re: Ex-wife refusing to leave house

Call your attorney who wrote the divorce decree.

I would give her a deadline and tell her to move. Let her call the cops. Maybe evict her (civil process).
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post #4 of 6 (permalink) Old 12-24-2012, 06:02 PM
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Re: Ex-wife refusing to leave house

Im no attorney and dont know the laws of your state, but she does have a court decree with your signature stating she can stay in the home until she finds other residence.

I would imagine it is all on how the decree is written. It sounds pretty open ended, however, of you want to spend the time amd money, you can take it to a lawyer and back to court with the reasoning being that she has had sufficient time to find reasonable living accommodations and leave it to the court to decide, however, it may well be that by the time that is all said and done, February will be here and you will have wasted time, energy and money.

Is her new place available Feb 1st? If so, you may just consult with your attorney and have him draw up a simple document that she signs stating she will be leaving the residence on xxxxx date.

Your in a pickle for sure. Id definitely be calling an attorney as she could continue to drag this out if she chooses and as long as she has that court decree, if you change the locks or call the cops, its all for nothing, it is, at this time, her rightful residence........

Sorry, thats just my take on it.
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post #5 of 6 (permalink) Old 12-24-2012, 06:23 PM
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Re: Ex-wife refusing to leave house

the advice of others is reasonable here. none of us can advise since we don't know the specific of divorce law in your jurisdiction nor the exact language of the divorce decree but from what you have described it sounds as if she will be sharing living quarters with you until February.
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post #6 of 6 (permalink) Old 12-26-2012, 11:45 PM
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Re: Ex-wife refusing to leave house

This is not a way to throw out from home. You have to talk her gently about this matter. Firstly try to know her wish then take a new step.

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