The house is in my name (deed & mortage) i did buy the house in 2001 during the marriage We split in 2003 and she has been paying the mortage since. i didnt make it an issue then when we split cause my kids were 3 & 6 and i wanted some stablity for them, but now there 13 & 16. I want her out now she is destroying my credit score(always late and behind for over 8yrs.). Plus cant buy a new home til this is property is gone. The property was not settled in the finalized divorce decree. could I just call the police to have her removed or do I have to do an eviction?
James R. DemmelDivorce / Separation LawyerNew Cumberland, PA ·
If the house was deeded in your name only, the divorce made that house your sole property. You should speak with an attorney about giving your ex-wife sufficient notice before you take possession. Maybe you can accomplish the transfer without court action, but you'll need help to deal with the logistics of having her move out and you move in. Get an attorney to help you so you don't end up defending a civil suit.
I don't see this as a fraud case. You should either meet with a real estate attorney or your divorce attorney to determine which way to proceed. You should have resolved this in the divorce and now you are suffering the fall out. Act now.
cott L LevineDivorce / Separation LawyerPittsburgh, PA ·
I agree that you should have addressed this issue by engaging in equitable distribution of martial property before allowing the divorce to be finalized or executing a post-nuptial agreement or property settlement agreement which set forth how the home would be handled.
If your ex is truly not on the deed but has still remained in the home for the past twelve years you will have to begin the eviction process and you should consult an attorney in your area who handles those matters.
However, you should double check to make sure that you did not purchase the property in joint names during the marriage. If you in fact are both listed on the deed, you took ownership of the home as tenants by the entirety. The divorce would have resulted in a new ownership called tenants in common. If this is the case, you would have to file a a Civil Action in Partition to address this issue. The relief sought in such an action could include: obtaining a decree for partition, equitably dividing the property among the owners, and then either settlement between you or allowing the property to be listed for sale and dividing the net proceeds in accordance with your respective equitable interests in the property.
Unfortunately, I have encountered this issue multiple times when people handle a divorce without using attorneys, or even when they are represented by counsel and simply do not address the division of martial property before the final decree is entered.
For your sake, I hope you are the sole owner and the only name on the mortgage and deed, so that you can avoid the time and expense of a partition action. You will still need to submit to the legal process for eviction and likely will require an attorney to handle this. Good Luck.
