QUESTION

Can she make me move if we purchased our house before marriage and the mortgage is in her name but mine is on the deed?

Asked on Mar 29th, 2015 on Divorce - Wisconsin
More details to this question:
I am in the first stages in divorce.
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2 ANSWERS

Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Only the court can make you move (though if you are arrested for something domestic, the police could require you to stay out of the home) though she can request that the court require you to vacate. However, sometimes it makes sense to vacate the property to make the process easier.
Answered on Mar 31st, 2015 at 12:36 PM

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If the parties cannot reach agreement between themselves, the question of temporary, exclusive use of the homestead is determined by the Family Court at a Temporary Order hearing. This can be commenced either by filing a Motion for such an Order supported by an affidavit, or an Order to Show Cause, similarly supported. The ownership of the home is less important at this stage than other questions. At the final division of property, the temporary award of the homestead should not be a precedent. Arguments in favor of having the temporary but exclusive use of the homestead include having primary physical placement of the child or children, and running one's business from the house. It is almost always best to have an experienced lawyer represent you in a divorce. Our office does that kind of work, as do dozens of other lawyers in Dane County. Good Luck.
Answered on Mar 31st, 2015 at 12:35 PM

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