What to do if my wife and I live in a house that my mother owns and my wife’s lawyer told her that she can stay as long as she wants after the divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my wife and I live in a house that my mother owns and my wife’s lawyer told her that she can stay as long as she wants after the divorce?
I want her gone. Who is right?
Asked on August 26, 2011 Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oh boy. If your Mother owns the house and your wife stays for any time after you are legally divorced your Mother may have to go through the process of evicting her from the premises. Yes, I now, it sounds ridiculous. But really, do you see any other way to get her out? The house is not an asset of the marriage and it is not being assigned to either of you as a marital asset. You are merely tenants. But it is the marital home and you have to ask to be awarded permanent occupancy of the place in the divorce and give her a time frame to leave - in the divorce decree it needs to be so stated. If she does not then you can haul her back in for contempt. But Mom may also have to evict her. Seek legal help to make sure things are done right. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.