QUESTION
Is it true when the attorney told us that my father cannot make his 2nd wife move out during the divorce?
Asked on Jan 28th, 2013 on Divorce - Idaho
More details to this question:
My father married his second wife 2 years ago. The house was is in his name solely and she has contributed nothing to the marriage financially. He has filed for divorce and she refuses to leave the home. His attorney says he cannot make her move out during the divorce. I question if this is true.
11 ANSWERS
Criminal Law Attorney serving Lawrenceville, GA
at
Smith-Grimes Law Firm
Update Your Profile
The attorney is correct. He can submit a Rule Nisi to request a Temporary Hearing to see who will have temporary exclusive possession of the house.
Answered on Feb 01st, 2013 at 3:22 PM
Business Law Attorney serving Mount Pleasant, MI
at
Office of Michael Hyde PLLC
Update Your Profile
Yes, it is true. As his spouse, she has certain property rights until those are terminated by the judgment of divorce. Even though your father owns the house in his name, by virtue of marriage, certain rights have been bestowed on his wife. It is her residence. Since the home is prior acquired property it is not subject to division as a marital asset, so your father should be able to keep the home.
Answered on Feb 01st, 2013 at 3:22 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
Yes it's true. He can't force her out.
Answered on Feb 01st, 2013 at 3:21 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
The attorney can try and make a motion before the Judge asking for exclusive use of the home. However, absent domestic violence by the other party it's rarely granted. An attorney can help your father look at all the factors and advise whether such a motion is worth the time and money.
Answered on Feb 01st, 2013 at 5:33 AM
Generally that is correct. You would have to file a request for order asking for exclusive use of the premises and have grounds to have her removed during the pendancy of the dissolution. Generally, financial reasons would not be enough to have her removed.
Answered on Jan 31st, 2013 at 10:07 PM
He can not make her move but he can request that the court grant him exclusive use of the house and require that she move.
Answered on Jan 31st, 2013 at 9:41 PM
John Arthur Smitten
You have to get a court order to get her out.
Answered on Jan 31st, 2013 at 11:46 AM
He cannot force her to vacate the home unless he files a Motion requesting this and the Judge orders it.
Answered on Jan 31st, 2013 at 11:44 AM
2 Awards
It may be true. Depending on the county you may be able to file for Divorce from Bed and Board and ask for interim distribution of the house.
Answered on Jan 31st, 2013 at 11:43 AM
Marc John Weinpel
A court may require her to move. Your father cannot without a Court order.
Answered on Jan 31st, 2013 at 11:42 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
He is the attorney and he knows the law. Question all you want, but your father's attorney is looking out for him so why would he lie?
Answered on Jan 31st, 2013 at 11:41 AM