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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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My mother-in-law has been married to her husband since 1996,

Resolved Question:

My mother-in-law has been married to her husband since 1996, but they have not lived together as husband and wife for about 12 of the 15 years. He moved into her house almost 2 years ago. It is her house, in her name, she had before she married him.

She became ill, and was in the hospital for about a month. When she came out, my husband (her son) and I have basically taken care of her with the help of her granddaughter.

The granddaughter accused him of inappropriate behavior, he stole from her checking account while she was in the hospital and continued to do so after she got out until we caught him. My husband and I want him out and so does my mother-in-law, but he won't leave. How can we get him out of her house and our lives?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lady Themis replied 4 years ago.

Thank you for your question.

 

Since they are still married, he has the right to continue to reside at the marital residence unless an arrest is made or there is a restraining order. Your mother in law can file for divorce, and as part of the divorce proceedings ask for an order of exclusive possession of the marital home. That will get him out while the divorce is pending. You should certainly contact the police in the meantime if there is any criminal behavior or threats of violence.

 

 

Customer: replied 4 years ago.
How long would the divorce take? While he is here can we insist that he contribute to utilities? There is nothing that we can do to get him out now?
Expert:  Lady Themis replied 4 years ago.
The length of the divorce depends on the state where they live and to what extent the parties can agree on a settlement. The less they can agree, the longer the divorce will take. There is nothing you can do to force him to pay for utilities, however, if the divorce is filed, your mother in law can request that he either contribute to the marital expenses or vacate immediately. Because they are married, this is the only way to get him out (other than a restraining order or arrest).
Customer: replied 4 years ago.
<p>Why does he have so many rights here? He is not working, he stole from her. She needs constant care and we are having to wake her up at 4 am to take her to her granddaughters to take care of her, so we can go to work, we do not trust him to take care of her. We live in the state of Florida.</p><p>Can the granddaughter who accused him of inappropriate behavior, still file a report even though it was over a month ago?  She told my husbands brother (her uncle), and their cousin about what happened.</p><p>Please help.</p>
Expert:  Lady Themis replied 4 years ago.

 

Unless he does something criminal, the police cannot force him out of the home. It is a civil matter. To get civil relief, your mother in law can file for divorce. It's not that he has rights, but you mother in law needs to take some action to get him out.

 

Yes, the granddaughter can still file a police report at this time.

Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience: Divorce, child custody, child support, etc.
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