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Relationship Discussion (non-explicit)
Reply to "How to survive separating in place with a cheater "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote]This is not how it works. She needs to get a lawyer or a mediator and determine who is getting the house, if the house will be sold, how they will do their separation and get a custody and property agreement in place before anyone moves from the marital home. You can't kick a property owner out of a house. You seem to have no idea how divorce actually works.[/quote] People seem obsessed with this idea that you can't kick someone out of their house. If there is anyone on this forum that has ousted their cheating spouse from the family home and then was forced to allow them to move back in I would love to hear it. Kicking out your cheating spouse doesn't mean you get to keep the house in the end. [/quote] You are obsessed with thinking you legally can kick someone out of a house they own...guess what? You can't. [/quote] I will play. What law does it break? How does the kickee enforce their access? Do they file something in court? What do they file? Is there a hearing? Like I said, if anyone has ever had to allow a spouse back into the home to live there during the divorce process, please share. I have heard of something in New York when neither party would leave, but that's about it and New York's laws are wack. If I was the OP, I would take my chances with possession being 9/10ths of the law (as the saying goes). There's $h!t on paper and then there's reality. I'd bar access and then maintain that he left voluntarily.[/quote] Any attorney in VA will tell you NOT to leave the house if there are kids before custody is determined. If there is litigation, it can be bad for the party who leaves. It would be stupid to risk it. It is not that hard to figure out a PSA including custody before moving out...but a mediator or lawyers need to draft it and it needs to be signed. Moving before that and risking ligitation and not getting custody or the house (most of the time houses must be sold anyway) would be really stupid. Laywers make money of stupid people. My ex is an attorney...fortunately, neither of us are that dumb and we watned to retain our wealth and sanity rather than getting ugly with ligitation over stupid stuff like letting emotions rule you and trying to kick someone out of their legal property because they can't think logically or long-term. Laywers love clients like you. :roll: [/quote]
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