Who gets pushed out of the house? - Talk About Marriage
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post #1 of 32 (permalink) Old 10-19-2017, 07:26 AM Thread Starter
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Question Who gets pushed out of the house?

Prefacing note: This question does not pertain to my marriage.

Question for the legal eagles or those that have gone through something like this......

Situation: Married couple live in a home purchased/owned by one partner prior to marriage (< 5 years). Homeowner asks for separation and wants SO out of the house. Is that legal? Can the homeowner push the STBX out? Is there anything the homeowner do to speed up the process?

Just curious. Similar situation happening to acquaintances of mine.

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post #2 of 32 (permalink) Old 10-19-2017, 07:50 AM
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Cool Re: Who gets pushed out of the house?

Quote:
Originally Posted by Lila View Post
Prefacing note: This question does not pertain to my marriage.

Question for the legal eagles or those that have gone through something like this......

Situation: Married couple live in a home purchased/owned by one partner prior to marriage (< 5 years). Homeowner asks for separation and wants SO out of the house. Is that legal? Can the homeowner push the STBX out? Is there anything the homeowner do to speed up the process?

Just curious. Similar situation happening to acquaintances of mine.
RSXW, the millionairess, informed yours truly way back in February, 2011, that we needed a “trial separation” commensurate with my younger sons getting out of high school for the year! I just assumed that she was having a mild meltdown and would soon change her mind. It didn’t happen!

In May, when classes ended, the boys and I had been ferried off to another nearby town to live on our own, while unbeknownst to me, she was busy bumping cabooses with old BF’s!

From a legal perspective, I think that as sole owner of the mansion, that she was totally within her purview because my name was not on any of the ownership papers!

My biggest mistake was not having sought out legal remedies at the time because I was just a loveable, acquiescing “nice guy!”

Funny thing in the aftermath, however, is that both sons were subsequently invited back into the home to live at various intervals during their college years while she has remained antagonistic toward me after having uncovered the truth of the matter of her rampant infidelity!

To this very day, both of my sons remain ultra-friendly with her!

"To love another person is to see the face of God!" - Jean Valjean from Les Miserables

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Last edited by arbitrator; 10-19-2017 at 07:57 AM. Reason: Edification
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post #3 of 32 (permalink) Old 10-19-2017, 07:53 AM
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I know in NY, if he is not on the deed mortage...not martial property..then, is.month to month tentantship takes over and is required a minimum of 30 days noticed to move. Should be served to legalized it.
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post #4 of 32 (permalink) Old 10-19-2017, 07:56 AM
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Re: Who gets pushed out of the house?

Quote:
Originally Posted by Lila View Post
Prefacing note: This question does not pertain to my marriage.

Question for the legal eagles or those that have gone through something like this......

Situation: Married couple live in a home purchased/owned by one partner prior to marriage (< 5 years). Homeowner asks for separation and wants SO out of the house. Is that legal? Can the homeowner push the STBX out? Is there anything the homeowner do to speed up the process?

Just curious. Similar situation happening to acquaintances of mine.
More information needed.Is there any children involved,was there a mortgage on the property that both partners were contributing to.Was there any improvements or extensions built during the years they were together.Where is the property.
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post #5 of 32 (permalink) Old 10-19-2017, 07:56 AM
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Re: Who gets pushed out of the house?

I'm no expert and I think this varies state to state...

If owned by one spouse previously and the other spouse is not on the title, then yes I think it's possible to "kick" the non-owner out. It would not be considered joint marital property because it wasn't purchased together (even with just 1 name on the title, if purchased when together its considered joint property). Usually, if co-owned, you need a court order to request "kicking" a spouse out and many factors are considered by the court before granting this in one spouse's favor.

If the non-owner contributed to house maintenance, upkeep, development, etc, I think that the owner could be held responsible to compensate the spouse for their contributions, but ownership remains with the original owner.

A LOT usually depends on child support necessities as well (if required). We'd really need to know what slate this situation applies to. There is a lot of information on the 'net, but it's pretty state specific.
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post #6 of 32 (permalink) Old 10-19-2017, 08:11 AM
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Re: Who gets pushed out of the house?

In our state, MI, the home would remain the property of the original owner, so the house wouldn't be marital property subject to asset division. However, it would still be considered the "marital home" and to remove the other spouse against their will would require a court order.

Follow the evidence where it leads and question everything.
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post #7 of 32 (permalink) Old 10-19-2017, 08:28 AM Thread Starter
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Re: Who gets pushed out of the house?

Thank you for the responses @arbitrator, @brooklynAnn, @Andy1001, and @Satya. ETA: @MJJEAN

This situation came to my attention last night after talking with my sister. Her best friend growing up is the wife in the OP. Her and her husband have what can only be described as a tumultuous relationship and it's been like that she became pregnant. Suffice it to say, no one can claim the upper hand.

But to provide further clarification:

*They live in Florida and have an almost 3 year old child together.

*I don't know much more other than the house is mortgage-free; she inherited it from her dad while she was in college.

*I'm sure he contributed to the general maintenance and upkeep to the property but there haven't been any additions or big remodel projects that I can tell.

*And money is not an issue (she's a successful entrepreneur); she's willing to pay him to move out. She just wants him out sooner rather than later.
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post #8 of 32 (permalink) Old 10-19-2017, 08:34 AM
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Re: Who gets pushed out of the house?

I'd say speak to a lawyer. Find out what she can legally do and how to go about it. Then she can tell her husband that he can move out voluntarily with a little financial help from her or she'll go the legal route and have him removed involuntarily with the help of a court order and the sheriffs office, if necessary. Hopefully, he'll be reasonable.

Follow the evidence where it leads and question everything.
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post #9 of 32 (permalink) Old 10-19-2017, 08:36 AM
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Cool Re: Who gets pushed out of the house?

Quote:
Originally Posted by Lila View Post
Thank you for the responses @arbitrator, @brooklynAnn, @Andy1001, and @Satya. ETA: @MJJEAN

This situation came to my attention last night after talking with my sister. Her best friend growing up is the wife in the OP. Her and her husband have what can only be described as a tumultuous relationship and it's been like that she became pregnant. Suffice it to say, no one can claim the upper hand.

But to provide further clarification:

*They live in Florida and have an almost 3 year old child together.

*I don't know much more other than the house is mortgage-free; she inherited it from her dad while she was in college.

*I'm sure he contributed to the general maintenance and upkeep to the property but there haven't been any additions or big remodel projects that I can tell.

*And money is not an issue (she's a successful entrepreneur); she's willing to pay him to move out. She just wants him out sooner rather than later.
The only real thing that I can possibly see into all of this is that the court would be sympathetic to the physical maintenance issue, ordering her to either reimburse or settle up with him for any and all maintenance chores that he duly and individually performed!

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post #10 of 32 (permalink) Old 10-19-2017, 08:57 AM Thread Starter
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Re: Who gets pushed out of the house?

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I'd say speak to a lawyer. Find out what she can legally do and how to go about it. Then she can tell her husband that he can move out voluntarily with a little financial help from her or she'll go the legal route and have him removed involuntarily with the help of a court order and the sheriffs office, if necessary. Hopefully, he'll be reasonable.
She has an appointment with a divorce attorney scheduled for next week.

I think the problem is that he's not being reasonable right now. He's digging in his heels.

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post #11 of 32 (permalink) Old 10-19-2017, 09:23 AM
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Re: Who gets pushed out of the house?

Prefacing note: This question does not pertain to my marriage.

I read this.
I smiled.

The skimmers, late comers.
They will still give their opinions.

And their condolences, to you.
Ad nauseam, until they turn blue.

Methinks.
.................................................. .................................................. ...........................
Evicting a Spouse From The Family Home During Divorce
by FreeAdvice staff

During a divorce, something that is generally considered a co-owned marital asset such as a home is still considered to be the property of both spouses, regardless of who pays for what, or whose name is on what legal documents. Therefore, it probably isn't legally possible for a person to evict his or her spouse from the home during divorce proceedings in any state. In some states, however, it may be possible to evict a spouse during a divorce if there are allegations of abuse or other special circumstances apply.

Eviction May Be Possible if The Home Is Separate Property

While many courts generally prohibit one spouse from evicting the other, such an eviction may be possible when the home is clearly owned by one person and not the other. However, this is more than likely not the case since the home is almost always automatically considered a marital asset. In order to show that the home belongs to one spouse, the spouse wishing to retain the home and evict the other will need to present evidence that the home is clearly separate property.

In a community property state, the home would only be considered separate property if it were acquired by the spouse prior to the marriage or as a gift or inheritance. Otherwise, all other income and assets gained during the marriage is assumed to be community property owned by both spouses.

In a common law property state, it might be even more difficult to show that the house is separate property, and it might matter less because showing the property is separate may not be enough to evict the other spouse. Common law property states use equitable distribution to divide property, which can sometimes include distributing one spouse's separate property to the other spouse to ensure a fair division based on needs of both the spouses and other factors.

This....This is the nub of the stick that pokes me in the eye when the light of day energizes my optic nerve....SunCMars.... The Allegory of the Cave--> On this, I did a '180' and stepped out. The Lion in Winter. Invictus..By Will, Shall.
The Host, Rd is ill, any years left, remain now, in doubt? Red Dog is now lost to us.
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post #12 of 32 (permalink) Old 10-19-2017, 09:31 AM
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Re: Who gets pushed out of the house?

@Lila,

Does your husband or your' friends read this blog, TAM?

If so, then I can see your' preface. Your' fear, their concern.
I can see it clear!

This....This is the nub of the stick that pokes me in the eye when the light of day energizes my optic nerve....SunCMars.... The Allegory of the Cave--> On this, I did a '180' and stepped out. The Lion in Winter. Invictus..By Will, Shall.
The Host, Rd is ill, any years left, remain now, in doubt? Red Dog is now lost to us.
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post #13 of 32 (permalink) Old 10-19-2017, 09:54 AM Thread Starter
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Re: Who gets pushed out of the house?

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@Lila,

Does your husband or your' friends read this blog, TAM?

If so, then I can see your' preface. Your' fear, their concern.
I can see it clear!
@SunCMars thanks for including the article on marital property and eviction. Looks like my sister's friend is going to have to put up with her husband for a while. I hope her lawyer can offer her some hope.

And no. My husband has an account here but doesn't read it. I could have friends IRL posting on TAM but I wouldn't know.

The reason for the preface is that posting on TAM is like playing telephone. What starts out as a non fictional post has the potential to turn into a salacious, drama filled work of fiction. I asked a simple question that I don't want turned into "lila is dumping her husband and looking to 'steal' the house....all without his knowledge ".

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post #14 of 32 (permalink) Old 10-19-2017, 10:34 AM
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Re: Who gets pushed out of the house?

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@SunCMars thanks for including the article on marital property and eviction. Looks like my sister's friend is going to have to put up with her husband for a while. I hope her lawyer can offer her some hope.

And no. My husband has an account here but doesn't read it. I could have friends IRL posting on TAM but I wouldn't know.

The reason for the preface is that posting on TAM is like playing telephone. What starts out as a non fictional post has the potential to turn into a salacious, drama filled work of fiction. I asked a simple question that I don't want turned into "lila is dumping her husband and looking to 'steal' the house....all without his knowledge ".

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Your' welcome!

Alas,
On fiction, on drama.
My Noam de Plume.

Take away my pen, my typing fingers, I become...
Common, unnoticed, forgotten.

And, Oh..
Don't submit a poll on this notion.
I would lose, hands down.
Hands in acid, then in soil.

Silenced, but not forgotten.
Too late, SCM is now encased in silicon.
Silicon chips, Worldwide.

Just Sayin'
Just Prayin'

This....This is the nub of the stick that pokes me in the eye when the light of day energizes my optic nerve....SunCMars.... The Allegory of the Cave--> On this, I did a '180' and stepped out. The Lion in Winter. Invictus..By Will, Shall.
The Host, Rd is ill, any years left, remain now, in doubt? Red Dog is now lost to us.
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post #15 of 32 (permalink) Old 10-19-2017, 11:28 AM
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Re: Who gets pushed out of the house?

I think this is one for an attorney. There could be all sorts of details that change the rules.
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