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Can I have his girlfriend evicted from the marital home?

October 3, 2017

Perhaps you’re in the grips of a nasty divorce where your ex-husband has moved in his girlfriend and started causing problems in the home. Even if you plan to divorce, it’s not fair that they move in right now when your name is on the deed and mortgage of the home. Sometimes these situations turn especially ugly where the girlfriend tries to throw all your personal property out the window and making changes. You never gave her permission to live there but your husband has. How do you approach a scenario like this?

Heart of the Problem

As a problem, it doesn’t classify as a landlord issue. Instead, this classifies as a marital problem, and you should speak with your family law attorney. It’s almost impossible to get practical advice you can apply without knowing the actual details of the situation. For example, if your soon-to-be ex husband’s girlfriend moved in shortly after you moved out but you still own the home, it will not look good in the courts if he has his girlfriend living there. However, you can’t do much about it since you left. Only the court can decide if she will stay or leave. You can, however, ask the courts that she pay a fair rental value for living in the home. Next, you ask if you can receive at least half that sum.

Ask Your Attorney

If you already have an attorney who represents you, you can ask him to seek a court order to prohibit the girlfriend from living at your home while the divorce is going on. It may not keep her away forever, but in some cases, it can keep her out until after the divorce has been finalized. However, if both you and your husband own the home, you can both make decisions on who lives there, which is where divorce becomes a messy business. It’s best to leave it up to your attorney and judge.

Separate Emotional Impulse from Your Decisions

Especially in a heartbreaking divorce where the two remain at each other’s throats, sometimes you’re better off walking away and cutting your losses. Even if you feel you will be justified in doing something against your ex, in most cases, it only serves to make you unhappy. Treat it more like a business decision, and you will make choices you don’t regret later. Sometimes you can’t do much about it other than to walk away because you co-own the home with your soon-to-be ex husband. In those situations, the best thing you can do is to forgive and move on so that it doesn’t affect your happiness any longer.

To legally evict someone from your home, you must have a legal right to the possession of the home. In addition, your name will have to be on the deed or mortgage. The person you are trying to evict can also not have a legal right to the home. If you meet these criteria, you have a legal right to evict them. First, you should speak with a lawyer to get the papers to begin the eviction. After you have the papers for eviction, you will need someone else to serve them. The best way to begin this process is to speak with your lawyer so that he can get a grasp of your situation.

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