QUESTION
If I am divorced, how do I remove spouse from my home, if the house wasn’t brought up in the decree?
Asked on Oct 19th, 2012 on Divorce - Florida
13 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon the dissolution judgment.
Answered on Oct 23rd, 2012 at 9:33 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If she isn't on the mortgage on the deed, she is not on your house. Her dower interest are gone, as you are divorced. If you are trying to refinance or sell, you simply inform the bank or title company that you are divorced and show them the decree.
Answered on Oct 23rd, 2012 at 4:36 PM
Steven D. Dunnings
Hire an attorney and go back to court to get an order. See what happens when you do it on the cheap.
Answered on Oct 23rd, 2012 at 4:18 PM
How long ago was the divorce decree entered? You always have to deal with all the assets in a divorce action whether or not they are jointly owned or not. If it has been fewer than 30 days, you may want to file a Motion to Alter, Amend or Vacate to address the issue. If it has been longer than that, it could be difficult. Your only other option may be to try to have her evicted from the residence. I highly suggest you contact an attorney as soon as possible.
Answered on Oct 23rd, 2012 at 3:58 PM
Since the asset was not dealt with in the judgment you need to re open the case and have it dealt with.
Answered on Oct 23rd, 2012 at 3:34 PM
First of all, I do not know you were able to divorce without including all of your assets, i.e. your home, which would have been addressed in your divorce decree.
Answered on Oct 23rd, 2012 at 3:29 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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This could be a missed asset or it could be an eviction. Suggest you seek legal advice so you can determine best way to handle this.
Answered on Oct 23rd, 2012 at 3:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Without more information about how long it has been since the final divorce decree or what state the divorce was in it isn't possible to fully advise you. In general, an omitted asset can still be dealt with in a subsequent proceeding, but it is not clear why your house was not "brought up". However, if you are divorced and the house is titled solely in your name, your ex- is a "legal stranger" and is, therefore, trespassing if you have told her to move. If the police won't help you, your only option may be to go back to court to get a specific court order directing her to leave. The general nature of a divorce should include that by implication but apparently your ex- doesn't agree or accept the obvious.
Answered on Oct 23rd, 2012 at 3:27 PM
If she is not on the Mortgage or Deed and matter was not ruled upon by the Court, it will become a 'civil' matter. You might want to have a consultation with a either an attorney who specialized in Real Estate or Landlord/Tenant evictions.
Answered on Oct 23rd, 2012 at 3:19 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court has to divide all property and debts in Washington. If it wasn't brought up you need to go back to court and have the house awarded to you.
Answered on Oct 19th, 2012 at 4:16 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If the house wasn't divided in the divorce judgment, then the court retains jurisdiction to divide it up as an undiscovered asset. You will have to file a motion to divide up the property.
Answered on Oct 19th, 2012 at 4:14 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If she was never on the deed, title is still in her name. You may have done problems with a title company when you refinance or sell, but she legally does not own an interest in the house now.
Answered on Oct 19th, 2012 at 4:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You might have to evict her.
Answered on Oct 19th, 2012 at 4:13 PM