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#349642 - 02/09/08 06:06 AM will this help to get husband out of house
icwal Offline
enthusiast

Registered: 11/19/07
Posts: 334
I filed for divorce from my STBX because of adultry and assumed he would move out of the house, however that did not happen because he will lose alot financially by not living here. His SO is also going through a divorce and she moved out. She is currently receiving spousal support so if he moves in she will lose that. My question is: If I can prove that he spends alot of time at his GF's house and is only staying here for fincial reasons would that be enough to have a judge grant me exclusive possession?

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#349643 - 02/09/08 06:16 AM Re: will this help to get husband out of house [Re: icwal]
BetsyR Offline
member

Registered: 07/13/07
Posts: 187
How can you prove either of those things?

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#349644 - 02/09/08 06:21 AM Re: will this help to get husband out of house [Re: BetsyR]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
If you don't want to live with him, why don't you move out?
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Focus on what is legally relevant, not morally indignant or petty.

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#349645 - 02/09/08 06:54 AM Re: will this help to get husband out of house [Re: Pops_IL_CP_Dad]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
Why would you assume he would move out of the house? Most attorney would advise that moving out is a bad idea both in a custody situation and for retaining the home at the end of the divorce. Exclusive possession arguments depend on many things including which party has the ability to reside elsewhere and which party has the ability to maintain payments on the home. It is not a simple analysis and would require an extensive background. Often, if there is no threat of abuse, and the parties can separate themselves within the house, the court may allow each to remain.

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#349646 - 02/09/08 05:12 PM Re: will this help to get husband out of house [Re: Maury]
kmich91261 Offline
member

Registered: 01/15/08
Posts: 119
Loc: Washington, USA
Its so funny that this situation is very similar to what I'm going through now. STBX left the house and went underground with our son for almost a week then ended up moving in with parents. STBX now wants me to move out of the house so STBX, son, and daughter STBX brought into the marriage can live there (of course all on my dime on top of the SS I'm paying). Told STBX to go pound sand. Told STBX if they wanted the house so bad they shouldn't have left. The only way they will get the house now is if a judge says otherwise. I'm hoping that doesn't happen because I can't afford another household (an apartment) on top of all the other expenses. I know how STBX thinks...run up the utilities on my dime. Right now STBX is not paying any rent to parents based on last court hearing in January.
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"Get busy living or get busy dying." Shawshank Redemption

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#349647 - 02/09/08 07:14 PM Re:Pops-IL [Re: kmich91261]
icwal Offline
enthusiast

Registered: 11/19/07
Posts: 334
I am keeping the house, so why would I move out and then move back in?

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#349648 - 02/09/08 07:24 PM Re:Pops-IL [Re: icwal]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
Well, let's see. You filed for divorce "assuming" he would move out. He didn't. You don't like that. If you don't want to live with him, and he won't move, well then.......

According to the what you posted, you "assume" (since you have not indicated any agreement between the 2 of you regarding who keeps the house) that you are keeping the house. But it is obvious that his refusal to leave his own home indicates that perhaps, he wants to keep the house. Why should he move out and then move back in?

You stated he is only staying for financial reasons. Like trying to protect his interest in his home? You're doing the same thing. As you said, you want the house.


Edited by Pops_IL_CP_Dad (02/09/08 07:25 PM)
_________________________
Focus on what is legally relevant, not morally indignant or petty.

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#349649 - 02/09/08 07:53 PM Re:Pops-IL [Re: Pops_IL_CP_Dad]
icwal Offline
enthusiast

Registered: 11/19/07
Posts: 334
I am keeping the house because his business and other assets are worth the equity in our house. So if he keeps the house he will owe me about 140,000 which he doesn't have, he owns no stocks, bonds, or retirement. If I keep the house then we walk away even. He has already told me that he won't leave because of finances. So even if I can't prove it I know that is the reason. I really don't want to get into a pissing contest here and start making it a man vs. woman thing. All I wanted to know is I would be granted exclusive possession if I can prove he is never here. All you had to say is yes or no. I would also like to add that we all know if he moves out of the house during the divorce proceddings and I agree to that,through our lawyers, he would not lose interest in the house at settlement. So him staying here to protect his interest in the house is not a valid reason.


Edited by icwal (02/09/08 08:07 PM)

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#349650 - 02/09/08 08:21 PM Re:Pops-IL [Re: icwal]
Pops_IL_CP_Dad Offline
addict

Registered: 02/02/08
Posts: 406
Loc: Illinois
Finances. That seems pretty valid to me. Cheaper to stay where he is than to set up a completely new residence.

I can't see that it makes any difference where he chooses to spend his time whether it be at his GF, a bar, a friend's house, the park... He might even be sleeping over from time to time -- or even regularly. So what? He's actually doing you a favor by being gone a lot. Neither of you have to put up with the other one.

So, since he isn't there alot, what difference does it make to you if he moves or not? Sounds like you're being a little unreasonable here. It is his house, too, and it's where he has chosen to live. (legal term here--legal residence)
_________________________
Focus on what is legally relevant, not morally indignant or petty.

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#349651 - 02/09/08 08:36 PM Re:Pops-IL [Re: Pops_IL_CP_Dad]
icwal Offline
enthusiast

Registered: 11/19/07
Posts: 334
Yes I love that he is not here that much. So what you are saying that it is perfectly fine and ok that he is looking out for himself and only himself like usual. So he is playing dirty. I am looking out for myself, however doing it by the book. Never called the cops on him, like alot of spouses do. Maybe I will start playing dirty and when he comes home drunk (amd driving) late at night, maybe I will call the cops on him and file a police report. He needs to man up and get the hell out of the house, and let me and my daughter start living again.

As far as "whats it to you if he moves out or not" I will tell you. I will save alot of money.I can get him off my insurance (he will have to buy his own insurance and he is self employed so we all know what expense that is.) Plus he will have to take his car insurance expense with him also along with all the other crap that I cover. I was willing to keep him on my insurance if he would have moved out, however he choose not to. I wanted him to move out for the moral reasons and not the financial reasons ( I can cover all my household expenses by myself). So since he choose to stay - now my reasons are morally and financial.


Edited by icwal (02/09/08 08:49 PM)

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