What to do if my wife and I live in a house that my mother owns and my wife’s lawyer told her that she can stay as long as she wants after the divorce?

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What to do if my wife and I live in a house that my mother owns and my wife’s lawyer told her that she can stay as long as she wants after the divorce?

 I want her gone. Who is right?

Asked on August 26, 2011 Georgia

Answers:

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

Answered 10 years ago | Contributor

Oh boy.  If your Mother owns the house and your wife stays for any time after you are legally divorced your Mother may have to go through the process of evicting her from the premises.  Yes, I now, it sounds ridiculous.  But really, do you see any other way to get her out? The house is not an asset of the marriage and it is not being assigned to either of you as a marital asset.  You are merely tenants.  But it is the marital home and you have to ask to be awarded permanent occupancy of the place in the divorce and give her a time frame to leave - in the divorce decree it needs to be so stated.  If she does not then you can haul her back in for contempt.  But Mom may also have to evict her.  Seek legal help to make sure things are done right.  Good luck.


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