A sweet and somewhat naive female colleague married a guy a few months back, both of whom are Mormon but she's the more devout one.

Within 60days he was cheating and lying about a variety of things and admitted such.

He wants to reconcile, she doesn't. He's said he will move and file for divorce but is dragging ass. When gone for the weekend at his new girl's place she changed the locks. He returned and broke in and continues to reside there against her wishes. I do not think she called the police after he broke back in. I think he has convinced her that she can't lock him out since they're married, or something to that effect, and thus she feels stuck in limbo. It seems (but is unsaid) that her faith is keeping her from playing hardball.

She owned the house before they got married, all paperwork in her name, and she wants to keep it.

How quickly, and by what methods, may she have him removed from the house?

There is no domestic violence or the like, no danger, he's just a cheater/liar.

Beyond "lawyer up", what are some useful specific steps that may assist her?

Thanks.

Not a lawyer and she should talk to one in her state but here goes.

Depends on the state. If he has lived there he has a right to continue to live there until legally evicted. This can be a PIA and really depends on the laws where they live.

That process will vary by state and will likely involve other issues since they are married.

I don't think most states would consider him breaking into his own house a crime. She could get into trouble by trying to deny him entry into his residency. She really needs to talk to someone that understand the laws in her state before she ends up the one breaking a law.

IMO, since the dwelling is in her name and if she can prove to a Judge that she's afraid of him, she may obtain a restraining order against him.

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...

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Yeah, poor kid.

On the bright side, she's too honest to accuse him of raising a hand to her just to eject him.

quote:

When gone for the weekend at his new girl's place she changed the locks. He returned and broke in and continues to reside there against her wishes. I do not think she called the police after he broke back in. I think he has convinced her that she can't lock him out since they're married, or something to that effect, and thus she feels stuck in limbo. It seems (but is unsaid) that her faith is keeping her from playing hardball.

She owned the house before they got married, all paperwork in her name, and she wants to keep it.

Beyond "lawyer up", what are some useful specific steps that may assist her?

Thanks.

Lawyer up. And suggest that she cease all communication with him.

She should either

A. Initiate divorce proceedings, or

B. Cut off his weezer with pinking shears when he's sleeping

So, B then? ^

quote:

Originally posted by arfmel:
She should either

A. Initiate divorce proceedings, or

B. Cut off his weezer with pinking shears when he's sleeping

Those seem to be her only options. They're married. If she wants to be away from him until the divorce is final, then she'll likely need to move out her self and get her own place.

I had a buddy in a similar situation here in Colorado (Thornton) about 10 years ago. He bought a house and lived in it for a few years by himself. He meets some girl, after a few months she moves in. After a year maybe things get rocky and he wants her out. He told her to leave/move out several times. She refuses. One morning he calls the cops and says he has a guest at his house that won't leave.

Cops show up, determine the girl does in fact live there (clothes in closets, etc...). Cops tell him he can't simply kick her out as she lives there. He needs to start an eviction process against her. Eventually she leaves at some point later...i can't remember how long...A few weeks or months I think.

She's gonna have to tough it out. Hire an attorney and possibly start eviction proceedings.

quote:

Originally posted by 1967Goat:

She's gonna have to tough it out. Hire an attorney and possibly start eviction proceedings.

How can someone evict a legally married spouse?

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by 1967Goat:

She's gonna have to tough it out. Hire an attorney and possibly start eviction proceedings.

How can someone evict a legally married spouse?

Hence the need to involve an attorney with the proceedings.

Not a lawyer, but from my dealings with situations like this....

Its his home. Does not matter if he is on the deed, mortgage, or not. They are married.

He can enter his home any way he sees fit.

Unless there is a restraining order, exclusive use of the home, or other court document, she cannot remove him from the home.

She does not have to wait for him to file divorce.

If she does fear for her safety, she can go to the court and file a restraining order and remove him from the home.

She can file divorce and request exclusive use of the home. May need cause though. Otherwise, you live together until the divorce is final. If you cant decide who gets the home (can either afford it alone?), then sell it or buyout, etc. He is most likely entitled to any equity in the home after the marriage began. Sounds like that may be little though if any.

Either way. She needs a lawyer and needs to file now and start the process.

quote:

Originally posted by Balzé Halzé:
How can someone evict a legally married spouse?

Get a DVO is one of the ways.

First. She needs to Lawyer up.

Second. I would advise against any type of "Domestic Violence or Retraining Orders" as most require threat of harm or similar things, and you stated there is none. Many courts/jugde get real pissy when people start (ab-)using the legal system as a stick to bend the will of others.

Third. In many states, the act of leaving the home is not a act of "abandoning rights", so she may be the one that needs to leave, and then work through the divorce petition to demand the home be awarded to her.

Short term marriages are easier in the issue of asset/liability division than longer terms.

Fourth. She needs a lawyer before she does anything else.
A lawyer in her area knows the judges, knows the other attorneys, knows the laws and is best to provide all advice in her case, as a local attorney will be who she will be facing on the other side.


Fifth. In case I or any other forget to mention it. She needs a lawyer.

quote:

She needs a lawyer.

Oh yeah, a LAWYER....

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.

They got married. what he owns she now owns and vice versa. Get the lawyer. get a po box for her mail and then change her address and pins and passwords on all of their credit cards and every other account as well. Cancel what ever cards she can so he can't run them up on her. Close any joint accounts(danger) and take pictures of every item in the home before things start disappearing. Prepare her for the ultimate in cold war battles. And remind her that if you have the chain the dog to the porch it ain't your dog.