1stimer
(recently joined)
01/14/08 08:37 PM
OK - Can wife "evict" husband?

Married 8 years in Oklahoma with a five year old son. Wife says she no longer loves me, wants a divorce and wants me to leave. We are renting a house from her parents with no signed lease or arrangement. She has taken our son and is staying at her parent's. I have nowhere to move to and no money to rent another place with deposit and additional bills. We were barely making it with all of us in one home. She plans on going on welfare after I leave/she kicks me out.

My question is when can she legally make me leave? I've read where if I do leave voluntarily it could be construed as abandonment.

I do not want a divorce - I still love her and feel a divorce would be detrimental to our son's well-being -- she's refusing counseling. Also can she legally leave as she has with our son?


Relayer
(Carpal \'Tunnel)
01/15/08 06:52 AM
Re: OK - Can wife "evict" husband?

Yes

1stimer
(recently joined)
01/15/08 10:46 AM
Re: OK - Can wife "evict" husband?

Quote:

Yes




Please excuse - but "Yes" to what?


PhoenixRising
(Carpal \'Tunnel)
01/15/08 12:48 PM
Re: OK - Can wife "evict" husband?

You can't be as young as you sound.. you have been married for 8yrs!

"I've read where if I do leave voluntarily it could be construed as abandonment."

------> How in the name of sanity, could it be abandonment?

1. Your wife has left you. She cannot turn around and say you "abandoned" her because you moved.

2. Your domicile belongs to her parents. It is not your asset. Asset abandonment would imply that you own the asset in question. You don’t…


You are a squatter. You have NO lease, NO rental agreement. You have no right to be there.

Your wife and her family do not have to go through a formal eviction process. They just call the sheriff and you leave.


1984raider
(member)
01/15/08 03:44 PM
Re: OK - Can wife "evict" husband?

Do you have a job?

1stimer
(recently joined)
01/15/08 07:03 PM
Re: OK - Can wife "evict" husband?

Yes I have a job - I run a marginally successful website and do freelance work as well. And I'm not young at all -- over 50 -- this is my first experience with divorce. The rent is paid thru the end of the month with funds from our joint checking which was my money as well as hers. She left the marital household - I don't plan on leaving until served papers stating same. I have yet to be served any papers. As far as the no lease or rental agreement that is correct and I've read that it is therefore considered a month-to-month lease as I was here as well as her -- so how am I considered a squatter just because she wants me to leave???

googledad
(Carpal \'Tunnel)
01/15/08 07:15 PM
Re: OK - Can wife "evict" husband?

To be precise , your wife can't evict you , her parents can but only after the current month ends . This would be done by serving you with a Notice of Termination of Month-to-Month Lease . On Feb. 1 , they can begin eviction proceedings .

1stimer
(recently joined)
01/15/08 10:18 PM
Re: OK - Can wife "evict" husband?

So does she have to serve divorce papers with a clause or whatever it's called stating who leaves and who stays before I would have to leave before the end of the month or even until I got an eviction notice? I'm guessing she's got the papers coming...

1984raider
(member)
01/16/08 08:00 AM
Re: OK - Can wife "evict" husband?

Take next check you get and hire a lawyer after interviewing them to find the one you like.

Well I would take the next paycheck after lawyer and get you new place to live and get utilities in your name. If the old place has utilities in your name, I shut them off when you move out and have them send a final bill to you. I get you P.O. Box to recieve all your mail. They makes sure you get you mail.

However, I would not pay any more bills related to rental proprety unless they are your name. You may have pay later for them but judge would make that decision.

You need take care of you.


1stimer
(recently joined)
01/16/08 11:25 AM
Re: OK - Can wife "evict" husband?

Thank you all for your advice - you're being very helpful as I haven't a clue how to proceed... but I'm a quick learner

Does anyone know a great lawyer in Oklahoma City?


googledad
(Carpal \'Tunnel)
01/16/08 11:35 AM
Re: OK - Can wife "evict" husband?

Yes , if she were to file for divorce she could request exclusive use of the marital home .

Relayer
(Carpal \'Tunnel)
01/16/08 06:37 PM
Re: OK - Can wife "evict" husband?

People, his soon to be ex's parents own the place and he is on a no lease MTM and she wants him out. It's a simple matter of a court filing (in the hardest worse case scenario) for the parents to have him removed. He has no rights to the place. If he had a lease and was on it, it would be different but he doesn't. He is living in his soon to be ex's parents house.

Come back in Feb and let us know your new address.


1stimer
(recently joined)
01/16/08 07:52 PM
Re: OK - Can wife "evict" husband?

@Relayer - yeah I know I will be out at the end of the month at the latest but so far she has served no papers so I don't have to leave until papers are served in my recently educated opinion. I'm using the time to research rental houses. I also plan on filing first as she hasn't indicated that she has started the process yet (although she may have indeed already done so). She's just saying she wants me to leave so she can return with my (our) son. I'm thinking she has no legal right to leave the marital household with our son.

Relayer
(Carpal \'Tunnel)
01/17/08 06:14 AM
Re: OK - Can wife "evict" husband?

Quote:

@Relayer - yeah I know I will be out at the end of the month at the latest but so far she has served no papers so I don't have to leave until papers are served in my recently educated opinion. I'm using the time to research rental houses. I also plan on filing first as she hasn't indicated that she has started the process yet (although she may have indeed already done so). She's just saying she wants me to leave so she can return with my (our) son. I'm thinking she has no legal right to leave the marital household with our son.




You dont need to go anywhere until the sheriff drags you out kicking and screaming...well..dont let it go that far but until you are served, you dont need to leave. But expect it at any moment, not at the end of the month.


1stimer
(recently joined)
01/17/08 01:44 PM
Re: OK - Can wife "evict" husband?

OK - just got served with Petition and Application for Temporary Order - which of course says she wants occupation of the house. What comes next - do I leave now or wait for an order evicting me? I've got calls in to 3 lawyers with no responses yet.

1984raider
(member)
01/17/08 03:09 PM
Re: OK - Can wife "evict" husband?

Okay. At some point soon you going need place to live. Need work on that. Are they utilities in your name also?
If they are I make sure day I move out they stop.
I prefer to go to lawyer [censored] where several lawyers work and have paralegals, they tend to get things in the court quicker cause they do not have do it themselves.


1stimer
(recently joined)
01/17/08 05:32 PM
Re: OK - Can wife "evict" husband?

Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice. He also said I need to request that my STBX bring my son home to live here until the hearing which is set for Feb 7th. She doesn't have to stay here but my son should and the judge will not look favorably toward her keeping him 45mins away from his school at her parents nor out of his normal surroundings.

And yes I will be looking for a suitable place to live in the meantime - hopefully in the same school district - I feel that is important.

And it's getting interesting eh?...


Relayer
(Carpal \'Tunnel)
01/18/08 10:00 AM
Re: OK - Can wife "evict" husband?

Quote:

Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice.




Unless a judge, at the temp hearing, orders you out immediately. Her parents will probably (if not already) filed an notice of eviction.


1stimer
(recently joined)
01/18/08 11:30 AM
Re: OK - Can wife "evict" husband?

Quote:

Quote:

Well - just got back from my new lawyer's - he has 38 years experience. He says I don't have to leave (as it is the marital household) until served by her parent's (they own the house) with 30 days notice.




Unless a judge, at the temp hearing, orders you out immediately. Her parents will probably (if not already) filed an notice of eviction.




Yep I figure they will - hell I would if I was them And I plan on having a place to go before the hearing because the judge usually sides with the mother from what I've read. And if I do have a place to go - in the same school district there's a better chance that the judge would award me temporary custody - a slim but viable chance considering that I have undoubtedly and undeniably been my son's primary care giver.


PhoenixRising
(Carpal \'Tunnel)
01/18/08 12:07 PM
Re: A Tall Story?

"He also said I need to request that my STBX bring my son home to live here until the hearing which is set for Feb 7th."

You can request but she doesn’t have to bring the child back.

It won't be held against her.

All she has to say is that she was "concerned" about her child's well-being; given your current emotional state over the divorce.

That therefore she decided "in the best interests of the child" to keep him in the stable environment of her parent's home.

I would worry if my lawyer started telling me things he/she thought I wanted to hear so early into the process.

My lawyer always says “If an attorney starts telling you how a judge will feel about something or how a judge will rule; then run, do not walk in the opposite direction.”



PS: Your child is in public school? “If” you are the child’s primary caregiver and the parent that the school has seen most, the school should have no problem w/ releasing the child to you at the end of the school day. Why pray-tell have you not just gone and brought the child home?

Anyone else think this story is starting to have a day-old fishy smell??


1stimer
(recently joined)
01/18/08 06:25 PM
Re: A True Story

@Phoenix - Sorry you think my story stinks. Thanks for your compassion. My lawyer knows the judge very well and has had many cases before him - he's been practicing for 38 years in the same city and knows nearly everybody in the local legal system. I'd think that would give him a basis for an educated opinion. I didn't say that she HAD to bring him back and neither did my lawyer - but in his opinion it would not look good for her to take him from his accustomed surroundings and that the particular judge would not look favorably upon same.
The STBX has told the school that I cannot pick him up without her permission.


PhoenixRising
(Carpal \'Tunnel)
01/18/08 06:59 PM
Re: A True Story

Then go to the school and call the police and file a report.

No "public" school can keep a father away from his child w/o a court order.

Didn't your experienced lawyer tell you that?

I still say there must be more to this story... The facts aren't adding up.

Good Luck though, no parent should be kept from his child. Make sure visitation is one of the 1st things on your agenda at your court date.


PS: You wouldn't have to suffer w/ just my opinion if you post your thread in a more appropriate forum...

Obviously, this has nothing to do w/ cohabitation and doesn't belong in this section...


1stimer
(recently joined)
01/18/08 11:03 PM
Re: A True Story

Yep - I know it has grown from a cohabitation issue with this thread -- and I know I could pick him up from school.

I'm replying here - in this forum - since I had asked in Men's Rights and keep getting more helpful (for the most part) advice in this thread.


PhoenixRising
(Carpal \'Tunnel)
01/19/08 08:41 AM
Re: A True Story

Uggh... In Men's Rights forum... It is guaranteed that your thread will be hijacked and it will quickly decend into a name-calling kindergarten fiasco...

The best place for you to post would be the custody and visitation forum. Relayer, Gr8Dad, GoogleDad and several of the other men have successfully won in court to have either generous visitation and/or custody of their child.

I would be interested to here their advice for you in your situation.

Lastly, have you talked or seen your son since all this has happened? Your child went from you being his primary caregiver to not seeing you at all? He must be very confused. And you have made no effort to get him at school?

Here is my number one worry for you. Your lawyer must have told you about the dreaded "status quo"... Judges loathe to change things. Therefore if she has him on the day of your court date. She will probably keep him for the pendency of the divorce process. You end up w/ a higher hurdle having to prove why it should be changed if the child is doing just fine there.

You should start a new thread on the custody/visitation forum... That group can be so helpful but try and give all the pertinent facts because they won't accept a story that doesn't make sense.


1stimer
(recently joined)
01/19/08 09:29 AM
Re: A True Story

Thanks for the advice - yes I did get to see him yesterday. She brought him by yesterday after school briefly for a short visit. We haven't told him what's happening yet - we are going to tonight - they are coming to visit again. We are trying to keep things civil and as amicable as possible (at this point anyways). Neither one of us wants this to be an ugly, nasty process - she went through that with her previous divorce and is still suffering from it. And we both want what's best for our son. There is still a viable chance of reconciliation - therefore I am not wanting to anger her too much yet - she can have quite a temper... but I truly believe staying together would be best for our son.

It does seem the co-habitation issue is on hold for a bit as she is not here and she nor the in-laws aren't threatening to kick me out as of yet. But that will be coming at the end of the month I'm sure... just trying to take it as it comes a day at a time right now.


star123
(newbie)
02/07/08 04:44 PM
Re: OK - Can wife "evict" husband?

I would not go the lawyer route. You think you're broke now? Try paying someone for the air they breathe at $200 an hour.


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