My ex-husband is refusing to leave the house. The deed is in my name as part of property settlement. How do I get him out?

Question Details: I have been divorced sine 06/28/09 and my ex-husband is refusing to leave the house. the property settlement states that I get the house and shall be free from his control and harassment. Luzeren county courthouse has the deed in my name alone. How do I get him out? I was about to go to my lawyer to have it handled through the courts but I am wondering, do I have to go through all that when it's in black and white in the decree and the deed is in my name? Isn't he now a squatter?

Asked 11/9/2009 under Real Estate | 309 View(s) | More Legal Topics

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Yes, he's now a squatter, and more particularly he's a trespasser.  I'd suggest a trip to your local police station, with your "official" divorce decree and a photocopy to leave behind, and see, first, if you can get him removed that way;  if it's necessary to first file a complaint against him for the trespassing, I'm sure that won't slow you down and it shouldn't.

There's another way, assuming that he doesn't physically stay on the property 24/7:  as the owner of the house, you have every right to have all the locks changed, and refuse to give him a key.  And if he then breaks in, he's guilty of burglary.  If the police don't deal with that, then you need to hire a lawyer to provide them with some "education."

If he makes any threat of violence at all, please go immediately to file a complaint for domestic violence, and get a "PFA" (protection from abuse) order, to remove him from the house and make him stay away from you.

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