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How do you kick spouse out? He doesnít want to leave

Gottagetthrough posted 11/30/2019 04:58 AM

Spouse doesnít want to leave or get divorced. House is owned by my relative. Relative ought the house 5 years ago for financial reasons (it was a great price & they hoped to make money when it sold) and also to help us out )Wh is bipolar and due to his impulse buying we always seem to have money issues.. we couldnít afford a down payment on a home)

Relative write a hand written document that said we could live in the house as long as we were paying $1000 per month toward MY debts (we have erased all my debt that way) and now we have a verbal agreement that ďrentĒ is our kids private school tuition. It also states that if wh and I break up, he leaves the house.

Wh and I both signed this handwritten document 5 years ago. Now he says he wonít leave. Iíve reminded him of the document and Wh says the law doesnít work that way and I canít make him leave.

[This message edited by Gottagetthrough at 5:00 AM, November 30th (Saturday)]

Glashalffull posted 11/30/2019 05:17 AM

Have you taken the note to a lawyer? Even if the signed note isnít legal enough to get him out of the house, I would still think that the attorney could guide you on how to obtain a successful eviction.
Be careful and stay safe. Anyone who doesnt want a relationship to end...and add bipolar disorder to it....can lead to taking desperate measures when their world is blown up, even though they are the ones who caused it.

undertherug posted 11/30/2019 05:19 AM

I am not sure how laws work where you live, but can't the owner of the property (your relative) file an eviction notice? You need to see an attorney to find out how to oust him. Be sure to let him know what's coming; he may decide it would just be easier to leave under his own steam.

Overcomer1 posted 11/30/2019 07:15 AM

Can you just throw his stuff out of the house and change the locks? If he comes back raging, call the police and get a restraining order after? I donít know. Just a thought. My pathetic excuse for a human being STBXH verbally and emotionally harassed me, until one night I was scared it would get worse. I called the cops. He was so angry at me for that, but not long after, he got his own place in town. He still acts like this house is his when he comes to pick up kids. But at least heís not living here anymore and I donít have to live in fear every night.

Catwoman posted 11/30/2019 09:12 AM

You need an attorney to navigate this.


ZenMumWalking posted 11/30/2019 15:30 PM

You need an attorney to navigate this.

Ditto. Instead of waiting for him to feel like moving out, start eviction proceedings with a L.


little turtle posted 12/3/2019 12:26 PM

What did your attorney say about this??

Bigger posted 12/3/2019 19:21 PM

1) He doesnít have to want or even agree to a divorce. You can file. It takes slightly longer, but the end-result is the same.
2) Iím guessing that with no witnessed or written agreement about the ďrentĒ then your relatives could terminate the residence agreement. There is probably some law on that in your state stipulating some minimum time you have to leave. Maybe 30 days, maybe 3 months. Have them do that in a formal and legal way.
3) If you have filed then they can then re-rent you the home once the present agreement is over.

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