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Home is in my name only. Purchased prior to marriage. Married 3 years. Shortly after separating, I moved to an apartment. Estranged husband moved back into my home ( along with a roommate) with a verbal agreement he would make mortgage payments and make home improvements in order to sell. 2 years later, repairs are not made and mortgage payments are 3 months behind, damaging my credit and now I am facing foreclosure. My wish is to remove him from the property ASAP, and get a court order requiring him to pay for the past due amount if possible. My wish is to put the house up for sale as is. What do I need to do to force him to vacate the premises? Is it as simple as calling the local police? Will I need to go to court? Will it cost me more money? How much notice do I have to give him? Please help!
6 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Sounds like you would need to file to have him evicted, since he has no ownership interest in the house.
Answered on Mar 12th, 2014 at 5:59 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You need to deal with this the only possible way. File a divorce or legal separation. The make a motion for temporary orders asking the court to require him to make the mortgage payments for the period he lived there and leave by a date certain. He has 3 years of equitable interest in the house since you were married and presumably paid the mortgage during that time with funds earned during the marriage which are, by definition, community property. Get a lawyer. Your private arrangements obviously and predictably didn't work. You need to deal with this in an adult fashion, with legal authority.
Answered on Mar 12th, 2014 at 5:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Are you still married? Who got the house in the divorce? What does the judgment say? Are there ordered in place? Yes, most probably you will have to go to court, yes it will take and attorney and it will cost money.
Answered on Mar 12th, 2014 at 5:59 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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File for divorce and get temporary orders concerning use of the property and payment of the bills.
Answered on Mar 12th, 2014 at 5:58 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to file a motion with the court asking for exclusive possession and the right to place the house on the market.
Answered on Mar 12th, 2014 at 5:58 PM
Since you let him back in you need to get a court order. You should consult a family law attorney or facilitator to assist you with the necessary motion.
Answered on Mar 12th, 2014 at 5:58 PM