No matter the circumstances, the majority of people want the end of their marriage to end amicably. However, not every couple ends up that lucky. You may have spent time, money, and emotional energy in finalizing your divorce, only to discover that your ex won’t move out. All the documents have been signed, and you were awarded the house, but your ex doesn’t seem to care. What are you supposed to do? Unfortunately, due to the rising costs of living, this is not an uncommon situation.
You are understandably upset and concerned, but it may not be in your own best interest to try to forcibly remove them from your home. The police generally do not get involved with domestic disputes of this nature unless you have filed a protective order, or the situation involved domestic violence. Unless you’re in immediate physical danger, it’s a good idea to take things one step at a time.
From a completely practical standpoint, your ex may not have predicted that they would be houseless at the end of the process. Assuming you have already set a verbal boundary about how long they have to live there, they still have tenant rights that need to be considered. Even if your ex is not contributing to household costs or the mortgage, you can use your rights as a “landlord” to evict them.
Enforcement of your rights may take the form of an eviction, unlawful detainer action or an enforcement of the divorce orders.
Filing a Complaint
If you reach the point where you must file a complaint, your ex will have a short period of time to respond by moving out or moving forward to a hearing or trial. In most cases, your ex will not want to pay even more court fees to legally stay in your home. In the event that you have already gone to court and they still do not leave the premises, you can file for enforcement of a court order. With the right action, the sheriff will receive orders to finally remove your ex from the property.
Get Legal Help
This process is undeniably complicated and frustrating, which is why you want to seek out legal counsel as soon as you discover that your ex has no intention of leaving. A lawyer in this situation not only provides legal advice and process documentation for you, but they also provide you with peace of mind. You have someone in your corner, helping you put your living situation and property rights back into your own hands.
If you find yourself in this awful situation, you need professional and aggressive legal counsel who will have your back in your time of need. The lawyers at View Ridge Family Law & Estate Planning are experienced in divorce and are ready to assist you. To set up a consultation, fill out our online contact form, or call (206) 222-6327 today.