Divorce With Rental House?

[TA_Fab]

My ole man’s going through a divorce. He’s on the lease she’s not and she pays zero bills. Soon after getting served papers she filled a BS restraining order (still waiting on court or word from the attorney). Think he’ll have to leave? She wants him to move out and free load “ be supported” for the rest of her time. Anybody have experience with this?

Forgot to mention no kids / shared interests, married around 5 years.

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[dhall]

Have him turn off all utility

[BigThicketBoy]

Not on lease, she has to go. Restraining orders work both ways. he can't be around her and she can't be around him.

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[glen]

Tell him cut the losses and contact landlord. Move on. Cut utilities today

[TA_Fab]

Tell him cut the losses and contact landlord. Move on. Cut utilities today

Land lord is a good friend of ours and will do as my dad wants. He just wants to avoid moving out then having her kicked out and moving back in. But he’ll do whatever it takes.


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[kcmarullo]

He can make her leave !!

[Ouch]

She sounds nice.

If he's on the rental agreement, she's out the door.

[basskicker24]

I think either has to be evicted. Regardless if she is on the lease or not, she has established that she lives there.

[Graysonhogs]

I think either has to be evicted. Regardless if she is on the lease or not, she has established that she lives there.

I believe this is correct. He needs to contact somebody that is well versed in this type of law. What's right and what's legal are often two different things.

[glen]

Yep she has to be evicted. Have landlord kick her out isomly option if she does not pay bills

[punisher]

They've both established residency there regardless of who's on lease who's not on lease. Depending on your LEO they might try and bluff her to leave due to her not being on the lease but technically by the letter of law neither party would have to leave and he would have to file an eviction notice on her. As far as restraining order those things are worth about as much as the piece of paper they are printed on. They are not enforceable by an officer they are only enforceable by the courts. Meaning the LEO is not going to show up and be able to arrest your father for being around her or violating a restraining order. Protective orders are the ones LEO's will arrest on for violating.

[TA_Fab]

He’s got an attorney I’m just curious if anyone has been in similar situations. He thought it would be a relatively easy ordeal until today.


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[175gr7.62]

It's called the "Marital Home". Friend of mine's wife filed on him. They were living in a house on HIS parents land that was in the parents name. They had been there 10 years. He had to leave but the parents were then able to file eviction proceedings and he was able to come back afterwards. Took a few months.

[Charles]

He should stay and have his girlfriend move in. That should be enough of a hint for the EX to hit the road.

[Acameron52]

She needs to pack her bags, unfortunately the court system probably won’t see it that way.