How can I get back in my house and have my wife move out?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get back in my house and have my wife move out?

I just got back home from Afghanistan. My wife divorced me while I was overseas. and it is final. She is dead set on staying in the house. We have a 4 year old boy and her 2 adolescent children. The home was not awarded to her in the divorce; I am the sole name on the deed and the mortgage. Because I have returned home from overseas this would disrupt her life so she placed a no contact order on me , which will keep me away from her for a year. The protective order states that she has possession of the home for this time period.

Asked on May 6, 2012 under Family Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for the situation.  You need to get a copy of the order of the court to see what it says regarding the distribution of the marital assets and if that issue was addresses in the court record.  Then you have to make a motion regarding the distribution now that you are home, as well as the custody and visitation issue.  The court does not usually decide asset distribution when a default divorce is granted (with out you appearing or present).  You are going to need legal help with this and the protective order.  Good luck.  And thank you for your service to our country.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption