Does an ex-wife have any rights to remove her ex-husband’s new wife from a home that is still in her name?

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Does an ex-wife have any rights to remove her ex-husband’s new wife from a home that is still in her name?

My mother got a divorce about a year and a half ago. In the agreement, she let her husband stay in the house until it sold. She said she couldn’t stand to be there anymore, since she did not want the divorce. The husband listed the house extremely high so it has sat on the market. Now he has moved his new wife into the house. The same woman he was getting massages from while he was still married. Is there anything she can do? Her name is on the house and her alimony which is based on a military pension pays for the mortgage and bills and then split 50/50.

Asked on February 27, 2012 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your mom needs to rethink how she approaches this situation. She needs to hire an attorney and push him to sell the home. She will not be able to prevent her from living there unless she brings some sort of trespass action but the issue is whether there is a court order in place only a) allowing him to live there and/or b) making him responsible for all the bills. Your mom needs to go and see a divorce attorney about forcing the home to be listed lower, or being awarded the home or something to that effect so that she is essence not paying for some other woman to live in her home.


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