PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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Re: Moving Out of Family Home
05/28/07 12:01 PM
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Rebecca doesn't normally speak through her hat.. So I am going to assume she knows something that I don't...
What state were you in again??
In most states there is no legal basis to make you move out.. She has no presumptive right to the family home..
If she is uncomfortable w/living w/you until the divorce decree... She can move out... BUT don't let her take the kids..
As some of the men will tell you, deciding to stay when your stbx wants you out... Puts you in a precarious position.. Unfortunately, it is common for one party to yell abuse and get a restraining order...
Things go downhill and get nasty from there..Ending up right where you are trying to avoid going..
In answer to your question, I don't think Rebecca is right.. She cannot force you out of the house.. A judge will not make you homeless if you do not represent a danger...
HOWEVER if you own multiple homes, have a paramour that you have been cohabitating w/.. Have a history of moving out and staying w/your parents, friends, a company apartment...etc...
Then she might argue that you would not in fact be made homeless, it would not in fact be costly, and as you have another domicile available, you should move there to reduce the stress and acrimony that the children are exposed to...
Your argument is that it would in fact make you homeless, it would be costly and affect your ability to support your family.. And that you feel it is in the best interests of your children, to be there and to co-parent through these difficult times...
From your last thread, it seems you want to take the high road… Are there any circumstances, where she would agree to you staying?? You are at work most of the week.. so that isn’t too much of an issue… Weekends could she decided to spend one weekend w/her family and you will stay w/the kids and then you could do the same the following weekend???
Trying to compromise now, will increase your chances of reaching a reasonable settlement later…
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Be kind, for everyone you meet is fighting a hard battle. --Plato
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