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Old 02-11-2019, 05:11 PM   #1
TA_Fab
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Default Divorce With Rental House?

My ole manís going through a divorce. Heís on the lease sheís 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 heíll have to leave? She wants him to move out and free load ď be supportedĒ 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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Last edited by TA_Fab; 02-11-2019 at 05:27 PM.
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Old 02-11-2019, 05:16 PM   #2
dhall
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Have him turn off all utility
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Old 02-11-2019, 05:29 PM   #3
BigThicketBoy
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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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Old 02-11-2019, 05:31 PM   #4
glen
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Tell him cut the losses and contact landlord. Move on. Cut utilities today
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Old 02-11-2019, 05:40 PM   #5
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Originally Posted by glen View Post
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 heíll do whatever it takes.


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Old 02-11-2019, 05:42 PM   #6
kcmarullo
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He can make her leave !!
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Old 02-11-2019, 05:44 PM   #7
Ouch
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She sounds nice.

If he's on the rental agreement, she's out the door.
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Old 02-11-2019, 05:46 PM   #8
basskicker24
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I think either has to be evicted. Regardless if she is on the lease or not, she has established that she lives there.
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Old 02-11-2019, 05:49 PM   #9
Graysonhogs
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Originally Posted by basskicker24 View Post
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.
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Old 02-11-2019, 05:50 PM   #10
glen
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Yep she has to be evicted. Have landlord kick her out isomly option if she does not pay bills
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Old 02-11-2019, 05:50 PM   #11
punisher
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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.
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Old 02-11-2019, 05:51 PM   #12
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Heís got an attorney Iím just curious if anyone has been in similar situations. He thought it would be a relatively easy ordeal until today.


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Old 02-11-2019, 05:52 PM   #13
175gr7.62
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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.
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Old 02-11-2019, 05:54 PM   #14
Charles
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He should stay and have his girlfriend move in. That should be enough of a hint for the EX to hit the road.
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Old 02-11-2019, 06:04 PM   #15
Acameron52
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She needs to pack her bags, unfortunately the court system probably won’t see it that way.
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Old 02-11-2019, 06:06 PM   #16
billythefish
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Restraining order is par for the course. She doesn't need to be on the lease she cannot just be kicked out. BAD idea turning off the utilities.

Both are legally permitted to reside there- someone will have to go first though or things will be very complicated very quickly. Hope he has a lawyer.
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Old 02-11-2019, 06:54 PM   #17
Puggy625
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Easier just to wait and go to court and have a judge decide through the divorce proceedings to force her out. Texas law (and most states) are crap in regards to these type situations.
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Old 02-11-2019, 07:02 PM   #18
AntlerCollector
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If his name is on the lease and not hers then write up another lease. Have your dad fill out a lease that expires at the end of the month she will have to move out.
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Old 02-11-2019, 07:07 PM   #19
Burnadell
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Two questions:

1.) What does his attorney say to your question?

2.) How old is your ole man?
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Old 02-11-2019, 07:07 PM   #20
HeyMikey
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Originally Posted by AntlerCollector View Post
If his name is on the lease and not hers then write up another lease. Have your dad fill out a lease that expires at the end of the month she will have to move out.
Whether it's legal or not, I like the way you think
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Old 02-11-2019, 07:13 PM   #21
Briar Friar
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Interesting situation. Good luck to your OlMan TA Fab.
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Old 02-11-2019, 07:27 PM   #22
ken
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Quote:
Originally Posted by Burnadell View Post
Two questions:

1.) What does his attorney say to your question?

2.) How old is your ole man?

Question 1 should also be question #2,3,4,5.......


Also, if the lease is in his name he is on the hook for the lease and if is it the TAR lease, he will be in default of the lease if he disconnects utilities.
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Old 02-11-2019, 07:38 PM   #23
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He needs to time this better next divorce.
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Old 02-11-2019, 07:44 PM   #24
TA_Fab
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Default Divorce With Rental House?

Iíll get an update from him tonight. But to answer some questions he is 65 and has a lawyer. This is more my curiosity and trying to get some info to help him out / better understand.


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Old 02-11-2019, 08:49 PM   #25
JHT
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Originally Posted by BitBackShot View Post
He needs to time this better next divorce.

Week of Valentines Day couldn't be a better time.
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Old 02-11-2019, 09:11 PM   #26
TA_Fab
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Originally Posted by JHT View Post
Week of Valentines Day couldn't be a better time.


Haha my ole mans always had a good sense of humor


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Old 02-11-2019, 10:40 PM   #27
brokeno
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What does she look like?
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Old 02-12-2019, 02:19 AM   #28
tps7742
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Quote:
Originally Posted by Burnadell View Post
Two questions:

1.) What does his attorney say to your question?

2.) How old is your ole man?
He doesn’t need lawyer with all the free legal advice on TBH.
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Old 02-12-2019, 08:48 AM   #29
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I went through a divorce a few years back. I left my house that was paid for before we god married, which is where her and I were living. She files a restraining order and I cant go back to my own house for 3 months. The woman will almost always come out better than the guy. I don't think a judge will make her move until she has somewhere else to stay.
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Old 02-12-2019, 09:05 AM   #30
-HIC-
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She sounds great. Make sure he does not spend any time alone with her after this has dropped. All he needs is an arrest for domestic violence with a he said/she said.
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Old 02-12-2019, 09:42 AM   #31
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Good advice on here.
Id start recording every conversation and not see her alone without a witness present.
Protect any $ he can. Empty community accounts and place them in an account only he has access to (not saying spend it all, but move it to control where it goes).
Call the leasing company see what options they may give, Im sure they dealt with this before. Get a lawyer and file some legal papers to gain the upper hand.
Have him do this NOW, ASAP
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Old 02-12-2019, 09:48 AM   #32
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He should stay and have his girlfriend move in. That should be enough of a hint for the EX to hit the road.
Lol
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Old 02-12-2019, 10:06 AM   #33
JHT
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Originally Posted by longhorn_cop View Post
Good advice on here.
Id start recording every conversation and not see her alone without a witness present.
Protect any $ he can. Empty community accounts and place them in an account only he has access to (not saying spend it all, but move it to control where it goes).
Call the leasing company see what options they may give, Im sure they dealt with this before. Get a lawyer and file some legal papers to gain the upper hand.
Have him do this NOW, ASAP
Yes and NOOOOOOOOOONOOOOOOOOOO. Terrible advice.

He just needs to document what they have acquired in their time together. Financial & physical property. His attorney will sort it out then the attorneys/mediator/judge will hash it out.

I think this is a great example of renting being a good thing sometimes. With no kids in the house he should just move out and let her go crazy. No need to fight over who gets to stay in the house that neither of them share any equity in it.
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Old 02-12-2019, 10:15 AM   #34
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What does she look like?


That doesnít remotely matter lol. Unless youíre a glutton for punishment.


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Old 02-12-2019, 10:16 AM   #35
Charles
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That doesnít remotely matter lol. Unless youíre a glutton for punishment.


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If she drives a white jeep it does matter.
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Old 02-12-2019, 10:18 AM   #36
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He needs to get an attorney NOW. Monica Cruz is excellent if you're concerned things will get nasty. Was there a prenup? Never establish the precedent that he will continue to pay for her expenses. No kids and no house seem to make this a pretty straightforward case. Unless there is something not disclosed here it seems like a 50/50 split of the community property should be what he's prepared to accept.
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Old 02-12-2019, 10:33 AM   #37
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If she drives a white jeep it does matter.


Nope.


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Old 02-12-2019, 11:15 AM   #38
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He has a lawyer and the land lord is a good friend. He will not rent to her and she will be evicted if she didnít leave. Good thing is they have nothing together.


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Old 02-12-2019, 11:29 AM   #39
toledo
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The simplest solution is to have the landlord evict her for not being on the lease. He still has to follow the legal eviction process though.
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Old 02-12-2019, 11:44 AM   #40
JHT
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Originally Posted by TA_Fab View Post
He has a lawyer and the land lord is a good friend. He will not rent to her and she will be evicted if she didnít leave. Good thing is they have nothing together.


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So she's got no job, no assets and your old man married her?

Sounds like she's good at something.
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Old 02-12-2019, 11:47 AM   #41
Hoss163
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Originally Posted by basskicker24 View Post
I think either has to be evicted. Regardless if she is on the lease or not, she has established that she lives there.
This is correct I have buddy going through the same thing. He had to stay in a hotel are somewhere else for 30 days to give her time to move her stuff and the house is in his name ..
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Old 02-12-2019, 01:32 PM   #42
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Yes and NOOOOOOOOOONOOOOOOOOOO. Terrible advice.

He just needs to document what they have acquired in their time together. Financial & physical property. His attorney will sort it out then the attorneys/mediator/judge will hash it out.

I think this is a great example of renting being a good thing sometimes. With no kids in the house he should just move out and let her go crazy. No need to fight over who gets to stay in the house that neither of them share any equity in it.
I dont know. I had buddies whos ol ladies cleaned out every account saying they had bills and were paying living expenses. Judge never gave it a second thought and started dividing up property not including what she had cleaned out of the accounts. Im not telling the guy to take it and hide it. Im saying take it out and put in another account so you can show the judge later if needed that it is still securely in an account. Dont lose that $ to bargain with and split later. Once its gone its gone.
Just my $.02
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Old 02-12-2019, 01:40 PM   #43
TA_Fab
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Originally Posted by JHT View Post
So she's got no job, no assets and your old man married her?



Sounds like she's good at something.


She had a good job prior to getting married then soon after they got married got lazy and quit. Typical thought he was marrying one person then turned into something else. A mistake either way, I told him he was crazy and not to do it! Maybe heíll listen in the future.


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Old 02-12-2019, 02:56 PM   #44
JHT
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Originally Posted by longhorn_cop View Post
I dont know. I had buddies whos ol ladies cleaned out every account saying they had bills and were paying living expenses. Judge never gave it a second thought and started dividing up property not including what she had cleaned out of the accounts. Im not telling the guy to take it and hide it. Im saying take it out and put in another account so you can show the judge later if needed that it is still securely in an account. Dont lose that $ to bargain with and split later. Once its gone its gone.
Just my $.02
I was fortunate to have a very competent attorney. I had a feeling my ex had filed. During our initial meeting she found out my ex had filed. I said lets play ball & handed her the retainer.

She told me not to do anything stupid money wise. Tell the ex part of her services includes a forensic accountant so any foul play will be uncovered and any expenses outside the normal need to be agreed upon by the two of us.

Total lie but it nipped this scenario in the buttoski.
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