What to do if my divorce is final and my ex-wife is supposed to vacate the house but now she does not want to move out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my divorce is final and my ex-wife is supposed to vacate the house but now she does not want to move out?
My ex-wife is supposed to vacate the house today, that was the judge’s ruling. She said I will need a court order to get her out. We have no children together but she has a 10 year old and 16 year old from previous marriage. I want to move back in; I have been out from my house for almost a year. I have been paying the mortgage, power, light and water. If she does not get out today as it was ordered in our divorce, can I shut off the power? It is my house (her name is not in the mortgage).
Asked on September 1, 2012 under Family Law, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You cannot shut off the power; especially with minors in the home. This is not an act of revenge. Go to the Sheriff's office and show the documentation that states she must be out. If the Sheriff will not help you try to remove her through civil means, you need to now go to the court where the order was issued and file a contempt order. It may involve harsher measures so please understand this is not going to be good considering she has minor children. If she has an attorney, talk to the lawyer. If she has mutual friends, try to talk with them about convincing her to leave.
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.