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She needs a lawyer.

They did get married, so that means it's official.

For example: in Oregon, there is the rebut-able presumption of equal contribution which mean the court presumes you both own real and personal property together and you can try to disprove that presumption in court. Given the age of the marriage and the status of her title, it would appear that rebutting such a presumption in this case would be fairly easy--but she'll still want someone to help her navigate the system properly.

Bottom line: she needs legal advice specific to UT. Sounds like she doesn't want to reconcile so the sooner she starts the process, the better.

This message has been edited. Last edited by: LDD,
 
Posts: 17733 | Registered: August 12, 2000Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
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Thank you all.
 
Posts: 25613 | Registered: March 12, 2004Reply With QuoteReport This Post
Bad dog!
Picture of justjoe
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quote:
Originally posted by RHINOWSO:
L
A
W
Y
E
R

U
P


X1000 with absolutely no delay.


______________________________________________________

"You get much farther with a kind word and a gun than with a kind word alone."
 
Posts: 11108 | Location: pennsylvania | Registered: June 05, 2011Reply With QuoteReport This Post
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I assume that you are not looking for extrajudicial solutions to the problem?


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Posts: 1441 | Location: Denver Area Colorado | Registered: December 14, 2008Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
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No, definitely not, and we had a blunt conversation about how it would be incredibly wrong to even suggest there was a DV problem unless there really was one (there isn't).

Thankfully she's way too square and honest for any such things.

Also, thankfully, she spoke with an attorney this afternoon following our conversation.
 
Posts: 25613 | Registered: March 12, 2004Reply With QuoteReport This Post
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46,

Extrajudicial means not going through the court system - not doing wrong acts.

Most likely she will have to use an attorney to get a divorce if he is not willing to agree to one voluntarily.

However, I am going to guess that the main reason he will not move out is because he has no other place to go. Or at least one that he could live free.

So if she wants him out fast, she needs to change the lifestyle of the house. How about renting rooms to undesirables. Maybe all night cop parties! You may laugh, but these can be effective.

Alternatives can be to report him to the police for whatever illegal activities he is involved in. Drugs, DWI, filing false tax returns etc. But she must be clean herself or it can backfire.

I know several retire Denver cops that have helped in such situations in the past if she is Denver based.

But you will have to take this offline to my email address.

Good luck in any event.


EasyFire [AT] zianet.com
----------------------------------
NRA Certified Pistol Instructor
Colorado Concealed Handgun Permit Instructor
Nationwide Agent for >
US LawShield > https://www.texaslawshield.com...p.php?promo=ondemand
CCW Safe > www.ccwsafe.com/CCHPI
 
Posts: 1441 | Location: Denver Area Colorado | Registered: December 14, 2008Reply With QuoteReport This Post
Oh stewardess,
I speak jive.
Picture of 46and2
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Oh, that sort of extra. I had visions of dudes with bats. Smile

Thank you much, I'll pass along the options.
 
Posts: 25613 | Registered: March 12, 2004Reply With QuoteReport This Post
Ammoholic
Picture of Skins2881
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quote:
Originally posted by jhe888:
quote:
Originally posted by chongosuerte:
I'd expect most states are very similar in this. It's their joint home, them being married and living in it as such. Catching a husband cheating doesn't change that. I doubt she can do anything, without a judge saying so.

Lawyer up...


This is right. It is "their" home, regardless of who might end up owning it after divorce.

She needs to get into the courthouse and ask the court to award her exclusive use of the home during the pendency of the divorce. Based on the limited facts given, she can probably expect that, although that is a very fact-specific question.


Yep not a damn thing you can do about it. I called the cops on my ex-wife who had 1) moved out of the house, 2) Started a new relationship, and 3) Had a lease on a new residence.

She would randomly do drive-bys; come park in front of my house, or driveway; or would have a seat on my back patio. She'd demand to come into the house for some reason, she had no possessions in there. I had no clue why she was fucking with me, she left me, I did nothing dishonorable (cheat, abuse, lie, etc.).

Cops come I tell them she has moved out long ago and has her own place and only ever paid half of one mortgage payment on the house, he says it's still her house until the divorce is final. I ask him what if I catch her breaking in? Can I shoot her? He gave me a really dirty look to say shut the fuck up. He explained until a divorce decree says otherwise she can do whatever she wants, kick the door in, break a window, etc.

I ask the officer so I am just stuck with dealing with this? Yep.

Thank God, she finally got bored of that game and stuck to quieting stalking me. I never understood it. You dump me then stalk me, isn't that supposed to work the other way around or something?



Jesse

Sic Semper Tyrannis
 
Posts: 20820 | Location: Loudoun County, Virginia | Registered: December 27, 2014Reply With QuoteReport This Post
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quote:
Originally posted by Skins2881:
quote:
Originally posted by jhe888:
quote:
Originally posted by chongosuerte:
I'd expect most states are very similar in this. It's their joint home, them being married and living in it as such. Catching a husband cheating doesn't change that. I doubt she can do anything, without a judge saying so.

Lawyer up...


This is right. It is "their" home, regardless of who might end up owning it after divorce.

She needs to get into the courthouse and ask the court to award her exclusive use of the home during the pendency of the divorce. Based on the limited facts given, she can probably expect that, although that is a very fact-specific question.


Yep not a damn thing you can do about it. I called the cops on my ex-wife who had 1) moved out of the house, 2) Started a new relationship, and 3) Had a lease on a new residence.

She would randomly do drive-bys; come park in front of my house, or driveway; or would have a seat on my back patio. She'd demand to come into the house for some reason, she had no possessions in there. I had no clue why she was fucking with me, she left me, I did nothing dishonorable (cheat, abuse, lie, etc.).

Cops come I tell them she has moved out long ago and has her own place and only ever paid half of one mortgage payment on the house, he says it's still her house until the divorce is final. I ask him what if I catch her breaking in? Can I shoot her? He gave me a really dirty look to say shut the fuck up. He explained until a divorce decree says otherwise she can do whatever she wants, kick the door in, break a window, etc.

I ask the officer so I am just stuck with dealing with this? Yep.

Thank God, she finally got bored of that game and stuck to quieting stalking me. I never understood it. You dump me then stalk me, isn't that supposed to work the other way around or something?


What you should of done, is this. You should've gotten a key made to her new place. When she came over and sat on your porch, you should have snuck out and gone to her new place, made some food and hung out until she came home or just made it obvious you were there. Once she did come back to her new place, then you should drive back to your home......when you do the exact same behavior they have no clue what to do next.
 
Posts: 21335 | Registered: June 12, 2005Reply With QuoteReport This Post
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Remember "The War of the Rose's"

War of the Roses

A married couple try everything to get each other to leave the house in a vicious divorce battle.




Place your clothes and weapons where you can find them in the dark.

“If in winning a race, you lose the respect of your fellow competitors, then you have won nothing” - Paul Elvstrom "The Great Dane" 1928 - 2016
 
Posts: 3762 | Location: Wichita, Kansas | Registered: March 27, 2011Reply With QuoteReport This Post
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quote:
Originally posted by jimmy123x:

What you should of done, is this. You should've gotten a key made to her new place. When she came over and sat on your porch, you should have snuck out and gone to her new place, made some food and hung out until she came home or just made it obvious you were there. Once she did come back to her new place, then you should drive back to your home......when you do the exact same behavior they have no clue what to do next.

Big Grin I love this!
 
Posts: 434 | Location: Utah | Registered: March 01, 2013Reply With QuoteReport This Post
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