QUESTION
How can we prevent my step dad from coming back?
Asked on Oct 14th, 2013 on Divorce - Michigan
More details to this question:
My step dad left the house 17 years ago. Now, he wants to come back and says if mom says no he will divorce her and sell the house. My mother is 74; I am her 52 year old daughter. Since he has been gone she has been through cancer treatment and has Graves’ disease disorders. I think it was from the chemo. Step dad says he has nowhere else to go. He was living with biological daughter after living with someone else unknown in another city. We have been able to survive without him and don't want him back.
6 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Your Mother needs to file for divorce.
Answered on Oct 15th, 2013 at 3:38 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, there is no "we." Whether or not the estranged husband comes back into the house is your mother's decision, unless she is under a guardianship. I don't know why she didn't file a divorce before, but if she doesn't want him back this would be the time to do it. She can then make a motion for temporary orders allowing her to live in the house and barring him from coming to the house. The ultimate disposition of the value of the house will be part of what has to be determined in the divorce.
Answered on Oct 15th, 2013 at 1:48 PM
Bruce Provda
If the house is in both their names he cannot sell it without your mother's consent. Also your mother could have a case of abandonment depending on how long he has been gone which sounds like quite a bit of time. If he becomes aggressive change the locks and get a restraining order against. You should also consult an attorney in your area for help for your mother.
Answered on Oct 15th, 2013 at 1:05 PM
4 Awards
There are a lot of unanswered questions that will affect your mother's legal rights and responsibilities here who owns the home? Was stepfather providing financial support while gone? Does your mother wish to divorce or legally separate? As long as the home is marital, under the facts as you describe, she likely would have a good case to ask for exclusive possession of the home. Your mother really needs to visit with an experienced divorce attorney about her options.
Answered on Oct 15th, 2013 at 10:48 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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One way is for your mom to file a Complaint for Divorce and a "Motion for Exclusive Possession" at the same time, requesting that she be allowed sole use of the home while the divorce case is pending.
Answered on Oct 15th, 2013 at 9:59 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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It appears that the practical choice before you and your mother is: A) tolerate step father moving back in and avoid divorce and potential troubles over the house; or B) refuse step father's requests and put mom through a divorce and the cost and strain of it all. You may have a mutually exclusive situation before you. You could hire an attorney to seek (not guaranteed get, just seek) an order that bars step father from reentering the house and living there while barring him also from selling the house, but the court could deny such an order.
Answered on Oct 15th, 2013 at 9:59 AM