What to do if my divorce is final and my ex-wife is supposed to vacate the house but now she does not want to move out?

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What to do if my divorce is final and my ex-wife is supposed to vacate the house but now she does not want to move out?

My ex-wife is supposed to vacate the house today, that was the judge’s ruling. She said I will need a court order to get her out. We have no children together but she has a 10 year old and 16 year old from previous marriage. I want to move back in; I have been out from my house for almost a year. I have been paying the mortgage, power, light and water. If she does not get out today as it was ordered in our divorce, can I shut off the power? It is my house (her name is not in the mortgage).

Asked on September 1, 2012 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot shut off the power; especially with minors in the home.  This is not an act of revenge. Go to the Sheriff's office and show the documentation that states she must be out.  If the Sheriff will not help you try to remove her through civil means, you need to now go to the court where the order was issued and file a contempt order. It may involve harsher measures so please understand this is not going to be good considering she has minor children. If she has an attorney, talk to the lawyer. If she has mutual friends, try to talk with them about convincing her to leave.  


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