Re: Can My Ex Stay in My Home
The police do not have the authority to demand he let her in. If you believe it is, what crime would be committed if he refused? She has lived out of state for over a year and unless breaking the law in that state, has a driver's license from that state
in addition to everything else, she is not intending on living in the home but simply using it for a temporary situation
I would suggest op contact the police to get their position on this as well. I would have the court filings on hand to provide the legal address of record in case anybody cares to know where she herself has stated she lives.
But one thing op doesn't have to do is leave the home regardless what the wife or anybody else short of a court says
Now,'this is just me being a thorn but if it was me, I would hire a moving crew to completely empty the house and I mean everything. Put it all in a storage unit for a week.
I would then stay in a hotel for the duration.
I might figure out that is a good time to have the house tented and fumigated for bugs as well.
Re: Can My Ex Stay in My Home
Quote:
Quoting
jk
The police do not have the authority to demand he let her in. If you believe it is, what crime would be committed if he refused? She has lived out of state for over a year and unless breaking the law in that state, has a driver's license from that state
in addition to everything else, she is not intending on living in the home but simply using it for a temporary situation
I would suggest op contact the police to get their position on this as well. I would have the court filings on hand to provide the legal address of record in case anybody cares to know where she herself has stated she lives.
But one thing op doesn't have to do is leave the home regardless what the wife or anybody else short of a court says
Now,'this is just me being a thorn but if it was me, I would hire a moving crew to completely empty the house and I mean everything. Put it all in a storage unit for a week.
I would then stay in a hotel for the duration.
I might figure out that is a good time to have the house tented and fumigated for bugs as well.
I was thinking about suggesting that as well...although maybe not everything...but everything that matters to him.
Re: Can My Ex Stay in My Home
Quote:
Quoting
llworking
I was thinking about suggesting that as well...although maybe not everything...but everything that matters to him.
its no fun unless you remove everything. That way they walk into an empty house. No furnishings, no appliances, no food, no nothing.
yes, I can be dastardly.
but whatever happens, if you think she might be in the home, start now and video tape every inch of the home to prove possible damages to the premises and to document everything inside the home. this applies to a situation where she is merely visiting as well. Just cover your back end.
Re: Can My Ex Stay in My Home
Although moving everything would be amusing, it would also be a giant pain. I've lived in this house since I built it 15 years ago. That's a lot of stuff. The reason I put this in the child custody part to start with is because that's the only reason this has come up. Everything else is settled. We have a property settlement agreement already signed. The only thing up in the air is the custody. The divorce won't be final until the court date to determine custody. That was kind of why I was asking. My prenup covered all of my property so there really wasn't much question of who gets what on that. I got all property and she got a big check, cut and dry. What I was wanting to know is, even though property settlement is done, since she will have our son and we're still legally married, can she really do what she's saying she's going to? I did talk to one of my attorney's partners today. He said they can probably prevent it from happening if I really don't want her here. I guess I'm just going to have to stew on it until my attorney gets back from vacation and we decide what to do. I appreciate everyone's advice, and sense of humor! As with all things in the court system, I guess I just have to hurry up and wait...
Re: Can My Ex Stay in My Home
Quote:
I got all property and she got a big check
did she already get the check? If so, it gives you even more of a right to deny her entry. Even without the gavel hitting the block, the divorce is effectively complete.
as I said; I do not believe she has a claim to enter the property for many reasons. If you have already paid out as the divorce required, that simply adds one more.
if you get a chance and if you think it will be an issue before you get a chance to speak with your attorney, give the cops a call and ask them what they would do if your soon to be ex wife called them demanding entry into the home. If they would refuse to act, nothing else really matters.
and this has nothing to do with your son. That gives her no special claim to demand to be allowed in the home.
Re: Can My Ex Stay in My Home
Spoke with local law enforcement... They said since property settlement is signed and filed it's a done deal and the house is mine. She got the check in March and cashed it then as well. They will make her leave if she causes a problem. I'm still deciding what I should do, but that's some peace of mind at least. Have an appointment with my lawyer next Tuesday. Thank you all for your input. Kept me from going completely crazy...
Re: Can My Ex Stay in My Home
Quote:
Quoting
Arkdad68
Spoke with local law enforcement... They said since property settlement is signed and filed it's a done deal and the house is mine. She got the check in March and cashed it then as well. They will make her leave if she causes a problem. I'm still deciding what I should do, but that's some peace of mind at least. Have an appointment with my lawyer next Tuesday. Thank you all for your input. Kept me from going completely crazy...
I definitely agree that if the property settlement is already complete...its a done deal. Its not the marital home any longer. Too bad you didn't mention that in your first post. You would have received completely different answers.
Re: Can My Ex Stay in My Home
Quote:
Quoting
Arkdad68
Spoke with local law enforcement... They said since property settlement is signed and filed it's a done deal and the house is mine. She got the check in March and cashed it then as well. They will make her leave if she causes a problem. I'm still deciding what I should do, but that's some peace of mind at least. Have an appointment with my lawyer next Tuesday. Thank you all for your input. Kept me from going completely crazy...
Yeah. I figured if she had the money, which was not clear initially, she had no claim.
again, just a suggestion;
if you allow any of the troupe into the house, make sure you have videotaped everything to show condition and presence. At the first sign of conflict, I would ask them to leave and if they refuse, bring in the cops. You surely do not want this escalating into a brawl.
Re: Can My Ex Return to the Marital Home After Separation
Quote:
Quoting
Arkdad68
My question involves a child custody case from the State of: Arkansas
To make this as short as possible, here's the basics. Wife left a year ago this month to "visit family". She hasn't returned since then (except once for a day).
We did live in the house together, but it is premarital property, and I do have a prenup. Plus, she left it over a year ago.
If she doesn't reside in the house (and she doesn't) and doesn't own the house and you own the house, you can prevent her from entering the house even if you are married to each other. Being married doesn't entitle someone to access all of their spouse's separate property.
Now if she resided there, that is different, but she doesn't. And if you do give her access to the house, she can claim she resides there. Which is what she is trying to do - trick you into letting her into the house so that she can then claim she resides there. Once she claims she resides there, you have a huge problem.
- - - Updated - - -
Quote:
Quoting
Arkdad68
My question involves a child custody case from the State of: Arkansas
School year ended and the judge has ordered visitation for 5 consecutive weeks, which ends 5 days before our final court date. The order also states that although she may have him back 5 days before the court date, she is not to remove him from the state of Arkansas until after the court date. I thought that was a little weird. Has anyone ever heard of this? She doesn't live here...doesn't have a house here...doesn't have friends here anymore, basically she burned all of her bridges.
She has 2 choices - give the child to you to take care of so she can leave the state alone and go back to where she lives or find a place to live in Arkansas with your son, either with a relative/friend or rent a place or pay for a hotel.
Those are her only choices. Nothing in the Court's child custody order gives her access to your separate property.
- - - Updated - - -
Quote:
Quoting
Arkdad68
My question involves a child custody case from the State of: Arkansas
Also, a home is only the marital home during the marriage. Once the property settlement is done, the home has either been awarded to 1 of the spouses or ordered sold - in your case, the home was awarded to you.
There are of course other types of settlements where one party pays rent to the other or something like that but those aren't your situation. You were awarded the home. It's a done deal - you outright own the home and she doesn't reside in it.
Child custody is separate from the property settlement. The burden is on her to find a place to stay with your son in Arkansas since she is the custodial parent or leave him with you so she can go back to where she lives. And you have nothing to say about where she stays WITH your son in Arkansa unless where she is staying rises to the level of neglect or abuse, and I assure you, those are pretty low standards so keep that in mind. She could crash on an ex-boyfriend's couch with your son and as long as your son is fed, clothed, and not in physical danger, you would be stuck with that living situation for your son.
- - - Updated - - -
Quote:
Quoting
Arkdad68
Spoke with local law enforcement... They said since property settlement is signed and filed it's a done deal and the house is mine. She got the check in March and cashed it then as well. They will make her leave if she causes a problem.
That's great that you have the local cops saying they will kick her out if you let her in, but I can tell you most places, once someone claims they are residing somewhere, the cops back off and tell you to deal with an eviction if you want the other person out. Don't rely on cops telling you they will remove her before you let her in. You will get a very different answer if you try to kick her out and when the cops show up she claims you two reconciled and she resides in the home with you.
And I really doubt you will have the cops conduct a mini-trial in your front yard regarding what your property settlement says or doesn't say and whether or not she is a tenant if she decides to claim she resides in the home. That is just laughable that they even told you that. Cops are not courts - they don't interpret property settlements on the spot. If someone claims they reside somewhere, they are trained to back off and tell you all to fight it out in civil court.
You've got a problem in that if you don't let her in the house she can stay whereever she wants with your son as long as it is in Arkansas and not neglectful/abusive/dangerous. But if you do let her in, she can start claiming the house is her residence and you need to evict her if you want her out.
Re: Can My Ex Stay in My Home
Yeah, sorry I didn't mention the property settlement at first. I just figured since the divorce isn't legally final the property settlement wouldn't hold any ground. This is all new to me, I don't know all of these things and don't really understand how this all works. I've talked with my lawyer on the phone today and we are going to meet at his office next Tuesday. He thinks we have enough grounds to go after a modification of the temporary custody order. If that doesn't work I guess I will probably allow her to stay at my house for the 5 days between the time she gets him back and the court date. At least I'll know where my son is. I'll just have to deal with getting her out afterwards... That's another battle. If she does try to pull anything stupid it will only help me in the long run, so I'll just deal with it as I go. Even her lawyer is trying to get her to settle on custody (giving me custody), she's just not having it. She'll drag it out until the very end. But as far as my original question, I think I have a grasp of how to handle it now. I really do thank you all for your advice.