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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5547
Experience:  28 years of experience in general practice, real estate law and estate law.
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Hello, My husband and I file separate personal bankruptcy after

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Hello, My husband and I file separate personal bankruptcy after our divorce two years ago. Our townhouse is in forclosure, however he is still in the house living for free for the past two years. I just found out they have not started the procedure yet and it may take another year. I did leave the home, I felt tricked into it. Both our names are XXXXX XXXXX deed. My question is How do I go about getting him out and moving in myself, what do I have to do?
Hello and thank you for your question. Did the judge award the home to him in the divorce?
Customer: replied 3 years ago.

no, it was in forclosure my name is XXXXX XXXXX the deed. But I left because my husband told me I could afford it and the house was being forclosed on, but it has not happened yet and he is still there.


Thank you for the clarification. Since you are on the title to the home you have every right to live in the home. Since he is also named on the deed he has an equal right to reside in the property. I do not see that you have any way of removing him with both names on the deed.

Who was ordered to make mortgage payments in the divorce? Was the house awarded to both of you?
Customer: replied 3 years ago.

yes, I left and I should not have, so I can just go back and live there? Do I have to get something from the court since I left? no Judgement said I had to leave.

If there was a court order awarding the house to your ex that would be a different story.
You are on title. That is your home and you have every right to be in your home. Just have a copy of your deed handy if your ex tries to cause a problem.

Please feel free to ask me any follow up questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

I hope the information I provided has been helpful.

Thank you for using JA!


If you would be so kind as to rate my service I would be most appreciative.

Customer: replied 3 years ago.

so I can call him up and tell him I'm moving back? I don't have a key

He needs to let you in. Call the police if he will not let you in, show them your deed.

Best of luck to you.
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