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  1. #1
    Join Date
    Jul 2020
    Posts
    2

    Default Divorce How Do I Kick My Wife Out of My House

    My question involves a marriage in the state of: TN

    Married a women who wanted money. She found out I recently have been moving money out of our joint accounts and she immediately filed for divorce the next day. But that day....

    Her, her daughter and her daughter's husband (it was an arranged marriage my wife set up with an old, short, ugly doctor (no offensive) so he's trying to prove his worth) who were visiting tried to beat me up. I locked myself in my bedroom and they tried to break down the door to attack me. Called the police, before I can even ask for help the dispatcher can hear the banging and their threats and immediately sent police over. Have the police report and pictures of the broken door. Mentioned this to my attorney who kind of just dismissed it "meh, it's hard to kick out a spouse".

    Instead my lawyer wants me to go on the defense and answer questions where she's claimed she's divorcing due to abuse.

    I paid for the house 100% and everything in it.

    Quite baffling a lady can say abuse, yet go home every day to a house with literally nothing in it by her accused abuser. Her kids don't live here. Older one is married and has a house. Younger one is in college but lives with his biological dad now (he knows she's crazy). By nothing in our house, she gave away most of my furniture to her daughter when she bought a house because she's too cheap to buy her furniture. Oh, should add my wife works and is fully capable of renting and buying a house.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,760

    Default Re: Divorce How Do I Kick My Wife Out of My House

    Listen to your attorney.

    Understand what "you paid for" is irrelevant when it comes to property acquired during a marriage. If it was acquired while you were married, or you subsequently added her to the deed, it's her house as much as it is yours. If the property was acquired before you were married and you are the sole owner, talk to your attorney about what you have to do to put her out.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,265

    Default Re: Divorce How Do I Kick My Wife Out of My House

    Quote Quoting flyingron
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    Listen to your attorney.

    Understand what "you paid for" is irrelevant when it comes to property acquired during a marriage. If it was acquired while you were married, or you subsequently added her to the deed, it's her house as much as it is yours. If the property was acquired before you were married and you are the sole owner, talk to your attorney about what you have to do to put her out.
    However please understand that until a judge says otherwise, she has the right to live in the marital home, even if you 100% own it. You cannot kick her out or lock her out. So do what your attorney said to do to get the ball rolling on the divorce. The sooner you get in front of a judge, the sooner you can get her out of your house.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,019

    Default Re: Divorce How Do I Kick My Wife Out of My House

    Quote Quoting toyp709
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    Mentioned this to my attorney who kind of just dismissed it "meh, it's hard to kick out a spouse".
    Be careful to avoid any hostility in the house. SHE can get a restraining order a lot easier than you can and that will put you out of the house.

  5. #5
    Join Date
    Jul 2020
    Posts
    2

    Default Re: Divorce How Do I Kick My Wife Out of My House

    So I spoke to my lawyer today who spoke to the other side.

    Figured she wanted millions or something along those lines

    She only asked for two things: to live in my house (glad she admitted it was mines) and that I pay her $1,000/month

  6. #6
    Join Date
    Jul 2018
    Posts
    127

    Default Re: Divorce How Do I Kick My Wife Out of My House

    Quote Quoting toyp709
    View Post
    So I spoke to my lawyer today who spoke to the other side.

    Figured she wanted millions or something along those lines

    She only asked for two things: to live in my house (glad she admitted it was mines) and that I pay her $1,000/month
    Let's have look see at these verbal "it was mines [sic]" communications.

    First your wife told her lawyer what she wanted. Next her lawyer tells your lawyer his recollection of what his client told him what she wanted. Then, finally your lawyer tells you his recollection of what her lawyer told him what she wanted.

    And somewhere within these loose discourses you think that your wife has renounced any right to claim that the home is marital property having irredeemably conceded that it is your sole and separate property. Right?

    I don't wish to spoil your day, but if you lawyer hasn't already told you he should tell you that nothing contained in a tendered offer of settlement is admissible as evidence in a trial on the issues pertaining to the subject matter of the offer.

    To admit that sort of evidence as an admission on behalf of and against the offeror would be to repress and discourage the making of out-of-court settlements. Something no court is inclined to do.

    Furthermore, if anyone is going to be packing up and leaving the love nest pending court orders determinative of the question of whether or not the home is marital or separate property and its disposition, historically speaking more likely it will be you doing the packing, not her.

    You might wish to educate yourself as to the distinction between marital and separate property in your state. If so, the link below will take you to an excellent treatment of the subject.

    https://batsonnolan.com/marital-property/

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