Family Law Questions? Ask a Family Lawyer Online.
Hello! I am sorry to hear about your situation and would be glad to assist you. Are you currently in the process of divorce or have you not filed yet, or is the divorce over? If you are in the process of the divorce and one party is not taking care of the home, you could file a motion to have them removed from the home, although you will need stronger grounds than just the fact that they are not cleaning. However, running up bills in your name could be a ground or purposefully destroying th eproperty.
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Thank you Ms. Bradford. I am in the divorce. Filed last year. What kind of motion should I file? Removal from Residence? What happen if she does not have a place to live? Thank you.
You can file what is known as a Request for Order Hearing it is an FL-300 you can obtain the form by a simple google search and it should bring you to the court's website. Here is a link in case you cannot find it http://ceb.com/lawalerts/request%20for%20order.pdf. You will need to file this motion and on the first page check the box "Other" and write in "Distribution of Property" In the Other section on the form fill in the reasons why you want the house and possession of it pending the finalization of the dissolution.
If she does not have a place to live, the court will take that into consideration. However, the Court may also just give her enough time to find a place to live before you can force her out
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