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  1. #1
    Join Date
    Dec 2014
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    Default Wife Left and Hasn't Paid Her Share of the Bills

    My question involves estate proceedings in the state of: California.

    My wife and I seperated last September 2014. I filed for divorce October 2014. She left the country for Canada to go live with her new b/f she met online in May 2014. She has not paid a dime to the house or the bills since she left. I have a restraining order waiting for her when she returns with her new b/f thinking she and he are going to move in and live here since her plans fell through up there. She is on the deed along with her brother and I.

    At what point has she abandoned the property and what can I do to remove her from the deed if possible?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Wife Left and Hasn't Paid Her Part

    And the grounds for a restraining order would be... what, exactly?

  3. #3
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    Dec 2014
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    Default Re: Wife Left and Hasn't Paid Her Part

    Threats to me, her son, her brother.

  4. #4
    Join Date
    Oct 2006
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    16,474

    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting thelegend
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    My question involves estate proceedings in the state of: California.

    My wife and I seperated last September 2014. I filed for divorce October 2014. She left the country for Canada to go live with her new b/f she met online in May 2014. She has not paid a dime to the house or the bills since she left. I have a restraining order waiting for her when she returns with her new b/f thinking she and he are going to move in and live here since her plans fell through up there. She is on the deed along with her brother and I.

    At what point has she abandoned the property and what can I do to remove her from the deed if possible?
    You would have to be awarded the house in the divorce, and you would be required to buy out her share of the equity. However, I have heard of cases like yours (where there was a third person on the deed who was not part of the divorce) where the judge stated that due to the third party on the deed, the judge did not have the authority to award the house to either party, and that it was up to them to come to their own agreement about what would happen regarding the house, between all three owners.

    If that is what happens in your case, you won't be able to stop her from moving back in, and with whatever guest she brings with her.

  5. #5
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    Default Re: Wife Left and Hasn't Paid Her Part

    actually there is something you can do to keep her out of the house, or it will keep you out of the house. In your divorce you need to request sole use of the property during the process of the divorce.

  6. #6
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    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting jk
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    actually there is something you can do to keep her out of the house, or it will keep you out of the house. In your divorce you need to request sole use of the property during the process of the divorce.
    Except that in the cases I have heard of, the judge wouldn't do that either, again because of the third party on the deed. The judges did not feel that they had the authority to award sole use of the property to anyone, since there was a third owner who was not a party to the divorce.

  7. #7
    Join Date
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    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting thelegend
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    Threats to me, her son, her brother.
    And this happened.. when?

    The point I'm trying to make is that you can't simply file a restraining order over something which happened a year ago (for example) just to make sure she can't come back into HER house.

  8. #8
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    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting llworking
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    Except that in the cases I have heard of, the judge wouldn't do that either, again because of the third party on the deed. The judges did not feel that they had the authority to award sole use of the property to anyone, since there was a third owner who was not a party to the divorce.
    A judge can preclude either of the parties to the divorce from occupying the marital home regedless of ownership.

  9. #9
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    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting jk
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    A judge can preclude either of the parties to the divorce from occupying the marital home regedless of ownership.
    Maybe...but I would think that circumstances would have to be such that a restraining order was appropriate.

  10. #10
    Join Date
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    Default Re: Wife Left and Hasn't Paid Her Part

    Quote Quoting llworking
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    Maybe...but I would think that circumstances would have to be such that a restraining order was appropriate.
    from the op:

    I have a restraining order waiting for her when she returns
    I think the living situation has been taken care of, at least temporarily.

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