I got a divorce from my wife 8 years ago after 7 years of marriage because she committed adultry. We divorced without the assitance of attorneys, and she moved out into an apartment. We did not address separeting property and me and my son remained in the house, and I have been paying to mortgage for the past 8 years. My wife and I also refinance the house about a year before we divorced and split the equity that we recieved. Recently my wife lost her job and requested to move back in with me and my son. Since moving in she stated that she is never moving out. I just wanted to help her out temporarily; how do I go about settling the property issue and making her leave. Does she have any rights to the house. We do not want to live with her for any long period of time.
Answered on: 8/23/13, 6:55 am by Robert Sher
When you divorced the 2 of you became co-owners of the property known as tenants in common. So you can't force her to leave. If she won't agree to sell her interest to you or put the house up for sale you would have to file a suit called a partition case to force a sale thru a trustee. You would get credit for upkeep of the property after divorce. You could also legally sell or transfer your interest but the transferee would then be a co-owner with your ex.
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