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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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I have been married to my wife 6 months things are not working

Resolved Question:

I have been married to my wife 6 months things are not working out, I left to go stay in a motel till she found her own place, now her whole family is living there and refuse to leave. what steps shall I take for the fastest way.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

If you both agree that the marriage is irretrievably broken, then you can file for divorce immediately, and the judge will then distribute the marital property. At that time, one of you may be given the house, or both (in which case the house will need to be sold). If the house is yours alone (i.e., it's not marital property subject to distribution by the judge), then you will obviously have the house and you will need to evict if the wife and her family do not leave. Until you are divorced, however, you would not win an eviction lawsuit because the house is the marital home even if it's not marital property.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

Thank you for using our service!
Customer: replied 1 year ago.

I have visitation with my daughter 4 days a week from previous marriage how does that work then. because you know as well as I do this could last over a year. Surely the courts have something in place for these issues. Please advise

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'm afraid that I do not understand your follow-up question. You have visitation with a daughter who's not the daughter of your current wife? I'm not sure what your question is. Can you clarify?
Customer: replied 1 year ago.
My visitation time is done at my house where they( current wife)all are living now. I am staying at the motel. Ok my daughters bedroom and clothes are in my house are we not allowed to touch either?? Or can we get a quick court order to have her removed??
Expert:  TJ, Esq. replied 1 year ago.
Hi again.

It's your house just as much as your wife's house. Accordingly, you can certainly enter the house and use it just as you had before (assuming there isn't something you're not telling me, such as a restraining order against you). You can also petition the court to modify your visitation order so that you can visit with her at a place other than the house (though you should wait until you have a new residence other than the motel). Assuming you don't want to go back to the house with your daughter, then you may want to arrange with your daughter's mother to not have your daughter overnight (perhaps just take her for a few hours on your visitation day and then drop her off at night).
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9856
Experience: JD, MBA
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