September 24

The Dirty Trick of Getting Your Spouse to Leave the Marital Home

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Picture this: You come home from work one day, and your partner drops the bombshell – they want you to move out. It’s a heart-wrenching moment, but what if this request isn’t just an emotional plea but a legal issue? Fear not, dear reader, for this blog post will help you navigate the tricky waters of your rights if your partner wants you to move out.

In the whirlwind of a separation or divorce, it’s crucial to understand your legal rights and how they can protect you from unfair tactics. Throughout this article, we’ll explore the dark side of divorce – the dirty tricks some spouses use to gain an advantage – and, more importantly, how to safeguard yourself from them. We’ll dive into real-life examples, the long-term consequences of using dirty tricks, and the role of attorneys in helping you through this challenging time.

So, buckle up for an engaging, informative, and playful journey through the legal landscape as we answer the burning question: What are your rights if your partner wants you to move out?

Temporary Restraining Orders Used to Trick Spouses into Leaving the Marital Home

After being served with divorce papers that included a TRO, I have represented multiple spouses who had to leave the marital home. They did not understand what the TRO meant when they were served with the paperwork.

Often, their spouse wanted them out of the marital home and helped their misunderstanding by telling them that a TRO meant they had to get out of the home, and if they did not leave, the police would be called, and they would be arrested.

Changing the Locks on the Marital Home

Another tactic I have seen is changing the marital home’s locks and telling the spouse they are not allowed in the house. This has come up recently in two different consults.

Consult #1

The mand wanted to know what he could do about it. In the first consult, the wife had changed the locks and told him not to come home. She had all of his financial documents and his driver’s license.

After talking with him, I found he owned the home, and his name was on the deed. I told him he could either:

call a locksmith to help him get into the house or
he could let himself in even if he had to take a brick and break a window

The husband was concerned about his wife calling the police on him. I told the man that even she does, breaking into his home is not against the law.

Bring a Witness / Or Record Everything on Your Phone

If she calls the police, I tell him not to worry about it. Remain calm and tell the police what was going on. If the man wanted to be cautious, it wouldn’t hurt to have a friend come with him to witness everything.

Failing to bring a witness, he could pull out his phone and record everything. If he does one of those things, it will make it difficult for his wife to make up a story that the husband attacked her or threatened her.

Consult #2

In the second consult, the reverse had happened. The husband had changed the locks on the apartment, and the husband wouldn’t let her back into the apartment or let her get her things. I asked the wife whose name was on the lease.

The wife informed me that only her husband was on the lease. It was the same apartment complex, but they had recently changed apartments, and when that happened, her name never made it onto the new lease.

This made things a little more challenging because she probably would not get any help from the apartment manager for helping her get into the apartment. I suggested calling the police to at least come out because

they may be able to help her get into the apartment by talking to her husband
or failing that may be able to help her get her things.

The police officer may not want to get involved and tell the wife she needed to hire an attorney.

If that were the case, the wife would have the option of either filing for:

Write of Reentry – through the Justice of the Peace or
Temporary Orders – through family court

Do I Have to Move Out Because My Spouse Told Me To?

You do not have to leave home if your name is on the lease or mortgage.
You do not have to move out just because your spouse tells you that they want you to leave.
Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence.
A temporary orders hearing must be held to get such a court order in a divorce. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home. This means that if you and your spouse cannot agree as to who will live where the divorce is pending, the judge will make a quick decision for you.
The decision to move out should be considered carefully and discussed with a caring family law attorney who can help you make the best decision for you and your family. In some cases, when there are spare bedrooms, the spouses may agree to live together until the divorce is finalized to save money and ease the transition for the children. For other families, continuing to live together causes too much stress.

Your Rights If Your Partner Wants You to Move Out: Understanding the Legal Landscape

Your rights, if your partner wants you to move out, are essential to grasp, especially amid a separation or divorce. Navigating the legal landscape can be challenging, but knowing your rights can help protect you from unfair tactics and ensure a more equitable outcome.

Topic	Description
Identifying Dirty Tricks	Recognizing when your spouse is resorting to dirty tricks can be difficult, but warning signs may include sudden changes in behavior, increased secrecy, and unexplained financial discrepancies. If you suspect foul play, consult with an attorney to protect your interests.
Protecting Yourself	To safeguard against dirty tricks, maintain open communication with your legal counsel, keep thorough records of all financial transactions, and avoid engaging in unethical behavior. Remember that your actions during the divorce process can have lasting consequences.
Psychological Effects	The emotional toll of a divorce can be exacerbated by dirty tricks, leading to increased stress, anxiety, and feelings of betrayal. Children, in particular, may struggle to cope with the upheaval, potentially resulting in long-term emotional and behavioral issues.
Alternative Dispute Resolution	Instead of resorting to underhanded tactics, consider mediation or collaborative divorce as more constructive alternatives. These methods prioritize open communication, mutual respect, and compromise, helping to minimize conflict and facilitate a smoother resolution.
The Role of Attorneys	A skilled attorney can help protect you from dirty tricks by advising on your rights, assisting with evidence gathering, and representing your best interests throughout the divorce process. Choose a lawyer with experience in family law and a track record of successful outcomes.

The Legal Consequences of Using Dirty Tricks in a Divorce

Divorces can often bring out the worst in people, with some resorting to dirty tricks to gain the upper hand. However, using underhanded methods can backfire, leading to legal consequences and potentially damaging your case. Always consult an attorney before making any decisions that could impact your rights.

Ethical Considerations and the Impact on the Divorce Process

Not only can dirty tricks lead to legal repercussions, but they can also have lasting effects on both parties’ emotions and future relationships. Using ethical and fair methods during the divorce process is crucial for maintaining a positive environment for everyone involved, especially children.

Common Dirty Tricks Used by Spouses in a Divorce

There are numerous tactics that spouses might use to gain an advantage, including hiding assets, fabricating accusations, and manipulating emotions. Awareness of these tactics can help you identify and counter them in your situation.

Identifying if Your Spouse is Using Dirty Tricks Against You

Recognizing when your spouse is resorting to dirty tricks can be difficult, but some warning signs include sudden changes in behavior, increased secrecy, and unexplained financial discrepancies. If you suspect foul play, consult with an attorney to protect your interests.

Protecting Yourself from Dirty Tricks During a Divorce

To safeguard against dirty tricks, maintain open communication with your legal counsel, keep thorough records of all financial transactions, and avoid engaging in unethical behavior. Remember that your actions during the divorce process can have lasting consequences.

The Psychological Effects of Dirty Tricks on Both Parties and Children

The emotional toll of a divorce can be exacerbated by dirty tricks, leading to increased stress, anxiety, and feelings of betrayal. Children, in particular, may struggle to cope with the upheaval, potentially resulting in long-term emotional and behavioral issues.

Alternatives to Using Dirty Tricks in a Divorce Process

Instead of resorting to underhanded tactics, consider mediation or collaborative divorce as more constructive alternatives. These methods prioritize open communication, mutual respect, and compromise, helping to minimize conflict and facilitate a smoother resolution.

The Role of Attorneys and Legal Advisors in Preventing Dirty Tricks

A skilled attorney can help protect you from dirty tricks by advising on your rights, assisting with evidence gathering, and representing your best interests throughout the divorce process. Choose a lawyer with experience in family law and a track record of successful outcomes.

Real-Life Examples of Dirty Tricks in Divorce

One example of a dirty trick involves a husband who hid substantial assets in offshore accounts, attempting to deceive his wife and the court during their divorce. Eventually, his actions were uncovered, and he faced legal consequences for his deceit.

Long-Term Consequences of Using Dirty Tricks on Post-Divorce Relationships and Co-Parenting

Employing dirty tricks can lead to lasting damage in post-divorce relationships, making co-parenting more challenging and potentially harming children’s well-being. It’s crucial to prioritize your family’s long-term health over short-term gains.

In conclusion, understanding your rights if your partner wants you to move out is crucial for navigating the complexities of a separation or divorce. By familiarizing yourself with common dirty tricks, seeking legal advice, and considering alternative dispute resolution methods, you can protect your interests and work toward a fair and equitable outcome.

Alternative Scenarios Where the Answer Is Not as Clear

If a spouse’s parents own the marital home, there is no lease agreement. However, they would need to go through an eviction process first.
If you are common-law married and the spouse owned the property before the marriage. I had a case where this was the situation, and the husband could file for eviction while the divorce was going on and get his spouse removed from the home. Again, the husband had to go through a hearing before removing his spouse.

Keep Your Children in Mind During the Divorce

As discussed in our introductory paragraph, whether children are involved is perhaps the most crucial consideration. If your position is that your children need to continue to live in the home – and with you as a result – then it may be in your best interest to request that you be given exclusive use of the home.

This is important strategically because what occurs at the beginning and middle of a divorce, such as you remaining in the home and your spouse living elsewhere, tends to end up happening ultimately.

Temporary Orders

In the timeline of a case, a temporary order hearing is the first opportunity for both parties to appear before the judge that can potentially decide their fate post-divorce. Regarding asking your spouse to move out of the home before this hearing, if your spouse does move out and your kids remain with you, that is a considerable hurdle for your spouse to overcome in the hearing.

Put, since your spouse has moved out, it looks like they are willingly leaving the children behind, which a judge will most likely not look highly upon. This alone can cause a judge to name you the “primary” joint managing conservator, which allows you to choose the residence of the children in addition to having the aforementioned exclusive use of the home.

Finalizing the Divorce

As a case progresses, the fact that you have remained in the house and your spouse hasn’t can cause a judge to more strongly consider awarding the home to you in a trial setting. Should you and your spouse settle the case before a final trial, it will still give you a strategic advantage that many opposing parties will not risk going to trial.

The reason is that the presumption is so strong that the party that has vacated the home will not be awarded the home in the trial, most people in this scenario will not want to wager additional time, energy, and attorney’s fees to find out if they can overcome those odds.

Other Considerations

Other factors are important to consider when weighing whether to ask your spouse to move out of the home. There are emotional ties that each person living in a house will have that go beyond the structure itself. Even if recent times have been wrong, memories and nostalgia will cause most people to fight hard to remain in the house even if you kindly ask them to leave.

Wrapping Up: Stand Your Ground and Know Your Rights

As we bring this roller coaster of a journey to a close, let’s remember the famous line from The Clash’s song, “Should I Stay or Should I Go?” – a question that has undoubtedly crossed your mind if your partner wants you to move out. But now, armed with the knowledge of your rights, you can face this challenge head-on.

Your rights matter, and knowing them is essential when your partner wants you to move out. By understanding the legal terrain, you can protect yourself from dirty tricks, ensure a fair outcome, and ultimately make the best decision for your future. So, what’s the short answer to the burning question?

As you continue on your path, remember that the support of a skilled attorney, open communication, and ethical behavior can make all the difference. And, with a playful and optimistic outlook, you’ll be better equipped to handle whatever life throws your way.

Now go forth, dear reader, and remember: Regarding your rights, knowledge is power!

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FAQs – Your Rights If Your Partner Wants You to Move Out

Can I be kicked out of my house by my partner?

No, your partner cannot kick you out of the house if your name is on the lease or mortgage. Both parties have the right to stay in the home, and only a court order can force you to leave in most cases. However, if domestic violence is involved, different rules may apply.

Can you force your partner to move out?

You cannot force your partner to move out unless there is a court order granting you exclusive use of the home. This typically occurs during a temporary orders hearing in a divorce process. If you and your partner cannot agree on living arrangements, the judge will make the decision for you.

What to do when your spouse wants to move and you don’t?

If your spouse wants to move and you don’t, it’s essential to have an open and honest conversation about your concerns and preferences. Consider seeking professional help, such as couples counseling or mediation, to reach a mutually agreeable solution. If divorce becomes the only option, consult with a family law attorney to protect your rights and interests.

What can I do if my ex won’t leave my house?

If your ex refuses to leave your house, and their name is not on the lease or mortgage, you may have the right to evict them. Consult with a family law attorney for legal advice and assistance with eviction procedures. If your ex’s name is on the lease or mortgage, you may need to pursue a court order to remove them from the property during a divorce process.

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