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Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed

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  • 10-09-2013, 07:38 AM
    guy_on_a_fence
    Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    My question involves a marriage in the state of:New Mexico, no kids.

    What are my options?

    I have a stipulated order of separation agreement; spouse agreed to move out by 1st of October but has not. She had 5 weeks to find a place. I agreed to a few extra days, now she has broken her leg and wants more time. Maybe wait another week? 2? 6? I am not convinced she has an apartment lined up.

    What are my options? If I change the door locks, won’t she just call the police to force me to allow her in?

    If she will not abide by the agreement and move out, then do I need to keep giving her support money?

    At what point is this agreement useless? I gave her way too good of a deal and wouldn't mind a do-over.

    I am the one that filed for divorce; can I drop the divorce before its finalized? Then I could sell everything, ruin her credit and make her homeless. As far as I can tell there’s no law that forces me to support my wife while still married. Sure abandonment is grounds for divorce but so is adultery and that didn't stop her.

    Frustrated from dealing with a crazy person.

    Thanks in advance.
  • 10-09-2013, 08:04 AM
    jk
    Re: Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    Quote:

    Then I could sell everything, ruin her credit and make her homeless.
    You might want to research the term: community property

    Quote:

    As far as I can tell there’s no law that forces me to support my wife while still married.
    You may wish to research a term: doctrine of necessaries
  • 10-09-2013, 09:28 AM
    llworking
    Re: Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    Quote:

    Quoting guy_on_a_fence
    View Post
    My question involves a marriage in the state of:New Mexico, no kids.

    What are my options?

    I have a stipulated order of separation agreement; spouse agreed to move out by 1st of October but has not. She had 5 weeks to find a place. I agreed to a few extra days, now she has broken her leg and wants more time. Maybe wait another week? 2? 6? I am not convinced she has an apartment lined up.

    What are my options? If I change the door locks, won’t she just call the police to force me to allow her in?

    If she will not abide by the agreement and move out, then do I need to keep giving her support money?

    At what point is this agreement useless? I gave her way too good of a deal and wouldn't mind a do-over.

    I am the one that filed for divorce; can I drop the divorce before its finalized? Then I could sell everything, ruin her credit and make her homeless. As far as I can tell there’s no law that forces me to support my wife while still married. Sure abandonment is grounds for divorce but so is adultery and that didn't stop her.

    Frustrated from dealing with a crazy person.

    Thanks in advance.

    Do you really want to see what happens if you go to court and ask a judge to order that your stbx, WITH A BROKEN LEG, be ordered to immediately vacate the marital home?

    Do you really want to see what happens if you cancel the divorce and trash the marital finances?

    And...as the other poster said please do research community property and the doctrine of necessaries.

    I really do understand that you want to move on with your life without her in it, however, I think that you are perhaps not being very logical right now.
  • 10-09-2013, 03:19 PM
    guy_on_a_fence
    Re: Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    Of course I have left out what is making all this so unbearable. I filed in January, she has stalled and delayed as much as possible. Trashing the house she has no claim to, holes in the walls, doors. Smashed bear bottles on the floor,etc. Trashing the vehicle she is to return to me, has dents and scratches all over it. I doubt insurance will cover obvious abuse.

    I tried to be reasonalbe with her, suggested she stay until Decmeber 1st, then move out, accept a reduced support amount since she has no rent to pay. Of course she wants the full support amount, larger than my mortgage and be able to stay put as long as she wants.

    I can't survive finacially paying all this out. Better read up on Bankruptcy next.
  • 10-09-2013, 03:25 PM
    Dogmatique
    Re: Can I Lock My Ex- Out of the Marital Home if She Doesn't Move Out as Agreed
    Quote:

    Quoting guy_on_a_fence
    View Post

    I am the one that filed for divorce; can I drop the divorce before its finalized? Then I could sell everything, ruin her credit and make her homeless. As far as I can tell there’s no law that forces me to support my wife while still married.


    Please go to court and tell the Judge exactly what you've said here.

    And what on earth makes you think that dropping the divorce somehow gives you the right to "sell everything"?

    I suggest you get an attorney before you end up being heavily penalized. Though they might not use the exact terms, most states have something akin to "Jerk Tax".
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