I need to know how to enforce my divorce decree when it comes to my house. My ex husband will not move out of the house?

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I need to know how to enforce my divorce decree when it comes to my house. My ex husband will not move out of the house?

I was awarded the house in our divorce…I feel on hard times after the divorce and he moved in the house..I moved out and we had an agreement that he would help me with the house payments till I got back on my feet..Well I have gotten back on my feet and he won’t move out of the house..He changed the locks and everything..I do not have access to my own house…He states that he cannot trust me to make the house payment..meanwhile he does not have a job and his parents are making the house payments. My divorce decree states that I shall have use of the martial home. What to do?

Asked on May 10, 2009 under Real Estate Law, Kentucky

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Why did you let him move in and you move out? You may have nullified your divorce decree.  Why didn't you have stipulations or amendments (however temporary) placed on your divorce decree concerning the house?

Now, you can do a couple of things:  1. Call the police and have him removed because if you own the house and he is not on the title at all, he is trespassing if you have removed permission.

2. Hire a divorce attorney and immediately file motions in divorce court concerning this matter.  If the court agrees with you (will be difficult), your husband may be in contempt if he refuses to move out. Try www.attorneypages.com if you don't have a divorce attorney.


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