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JurisD7603, Lawyer (JD)
Category: Legal
Satisfied Customers: 141
Experience:  J.D. , Real Estate Agent, .B.S.-Criminal Justice. 7yrs as an L/E dispatcher
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How do I have an unwanted guest removed from my house

Resolved Question:

I recently moved to Houston from San Antonio. I am in the process of getting a divorce. My ex and I own a house together in San Antonio and he has yet to have my name removed from the mortgage. Some of my belongings are still in San Antonio at the house. I informed my ex a week ago that I will be coming to visit this weekend. He emailed me three days ago informing me that I could come visit, but his new girlfriend has moved in and I cannot spend the night in the house. Since my name is XXXXX XXXXX the mortgage, I have every right to be there, but how do I have this unwanted guest removed from the house?
Submitted: 10 years ago.
Category: Legal
Expert:  JurisD7603 replied 10 years ago.
The best thing you can do if you insist on going to San Antonio is to stay in a hotel. Perhaps you can go over there while you are there and remove your belongings. Alot of times the Sherifff's Dept. will provide an escort for doing so in domestic situations where going there could potentially cause a fight. It would be best that you donot go over there unescorted; unless you want to risk going to jail.
You say both of you own the house. You can't necessarily tell him who he can have as a visitor even if you do own it, since he owns it too. Besides, you are no longer living there even if the house is in your name.
Hope this is helpful. I wish you the best of luck! Peace!
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Customer: replied 10 years ago.
Reply to JurisD7603's Post: When you say that I "can't necessarily tell him who he can have as a visitor" - that sounds as if you are implying that I could but there would be some obstacles. I want to know if I can or cannot. I have contacted the Sheriff's Dept and they cannot promise to have an officer escort me, they only promise an officer if something happens. The entire situation could be avoided if there was a law stating I could have his new friend removed. I am sure if there were such a thing you would have informed me of it - perhaps there is another organization I can bring this issue to? Any suggestions?
Expert:  JurisD7603 replied 10 years ago.
Step back, take a deep breath and take yourself out of the picture and try to think of this objectively if you can.
Reverse the situation and put yourself in his shoes. If you were living there and he had left, would you honestly just comply with his wish and tell your guest to leave?
I don't legally think you can make her leave; because she is his guest and he owns the house too; and law enforcement will get involved if a confrontation does occur, and they won't necessarily make her leave either because ya'll are getting a divorce and you no longer even live there.
The Sheriff's Dept's always say exactly what you said they told you b/c they are usually too busy to do escorts; but they have and will. I spent 7 years as a dispatcher in two different states and recall many occassions where they actually did.
It may be that you need to contact your divorce lawyer and have him set it up at a scheduled time where you can go and remove your belongings. Even if you can't get a deputy when you go there this weekend you should probably still take someone with you and not go by yourself. You never know when you might need a witness as to what actually transpires. Otherwise it is your word against theirs.
Godd Luck.
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