Take my wife, please

divorce advice and tales of woe

4
Mar
2008

I’ve received a comment from Stuart James on my legality of property post.

Stuart asked the question:

How about if the propoerty is in the sole name of the husband, for example the propoerty is legally in my name. I have been advised as we both still live there if she changes the locks i could break in and be within the law, if i changed the locks she couldnt has she has only got a legal right to half the equity. So another spin im married and my children have chosen to live with me whatever happens. But my wife will not leave. Other than locking her out of which she would hammer and holler on the door upsetting my kids, “what else can i do to get her to leave”.

I know if the kids had chosen here it ould be a different story but they havent so im led to believe i wont have to help her at all as i have the kids, bills, mortgage to take care off. I know when the youngest is left school i would have to sell and giver her half the equity. Im Happy with that but i want rid of her now as she is hoping i will just leave as shes trying to screw up my mind. I aint going as i have no where for me and the kids to go.

My advice on this would be to get your wife out of the house with immediate effect. If you both remain in the property the tensions will only get worse and cause both you, your wife and your children further stress. I’d recommend taking legal advice and try to evict your wife, maybe even attempt to get a court injunction to remove her from your property and to stop her from returning.

If at all possible you should try to get someone she trusts to support your efforts as it is genuinely in both your interests. Maybe her parents could see your side of things and help out? Though I know from my own experiences how unlikely that is. My ex-wife’s parents are evil incarnate and would never consider helping me, even when their daughter had managed to get herself into personal debt and wanted me to bail her out.

One thing I would suggest, though I’m sure you already know this, is do not leave that house! No matter how bad it might get, how stressful it may become, never leave the house.

Let me know how it goes!

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Clive Bellmore

Comments

  1. D Said,

    I am totally in the same boat. She needs to GO, but from what Ive learned, you cant toss her legally.

  2. michael biello Said,

    i have been married for over 15 years i am seeing a councler
    but she doesnt want to come and she wants out of this marriage but i pay all bills and i cook 4 nights week clean and do 85 percent of work now and she just doesnt want to go and get help but i did and i will stay and wontleave my house or kids if i have to i wil have her removed i will because its insanity i pray the lord brings peace so
    but if it continues i will have it changed

  3. michael biello Said,

    is there a legal way to do it

  4. Clive Bellmore Said,

    Hey Michael, thanks for your comments. The legal stance would depend on what country you live in. Are you based in the UK, USA, where?

    The fact that if both of your names are on the mortgage or lease then you both have a right to live there.

    See a solicitor and if you feel you need to file for divorce. Let me know what happens, or if we can help.

    Good luck!

  5. andy bedford Said,

    i have been maried to my wife for just over a year and i want to divorce her for unreasonable behaivour, she has three children from a previous relationship,i pay the mortgage on my property and all the bills the mortgage and bills are all in my name solely and she does not contribute to this their is no equity in the house as i had t re mortgage as i had to give 50,000 to a cheating ex wife now i want this new wife out what can i do and will she end up with anything i always stated that the house was never hers from day one that it was mine and for my biological daughter any suggestions i have given her 28 days to get out

  6. Ron W Said,

    In the same position. Tried to get wife out today because of psychological abuse but was denied the PFA. Ordered to appear in court in 10 days . The court wants her to have a psychological eval. She was asked by her doctor to see a shrink before she gave her any more meds. She tells the kids all of our business and is trying to turn my kids against me, she has had an affair.

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