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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I have a final divorce decree where my Ex- husband was given

Resolved Question:

I have a final divorce decree where my Ex- husband was given use and possession of the marital home. Use and possession of the family home terminates the 8th of june 2012 with a court order for the home to sold at the same date. My ex husband is still living in the home and has not expressed any plans to move. What are my entitlements come June 8th and what recourse do I have if he violates this order?
Submitted: 5 years ago.
Category: Family Law
Expert:  Lady Themis replied 5 years ago.

Thank you for your question.

Because use and possession terminates on June 8th, if he fails to vacate on that date, you can file a motion with the family court to enforce the order (sometimes known as a motion for contempt or motion to show cause). The court can order him to vacate immediately so that the home can be sold or listed properly. If he is in willful contempt of the order, he can even be ordered to pay any attorney fees you incur in filing the motion.

I hope this answers your question. Please let me know if you have any follow-up questions.

Customer: replied 5 years ago.
Do I need a court order to access the property after June 8th if he still occupies the home and would I be in violation of the law?
Expert:  Lady Themis replied 5 years ago.

If you are an owner, and your ex's entitlement to exclusive possession ends on June 8th, you should not be in violation of any law by entering the property at that point. That said, if he has not vacated, it may be appropriate to enter only with a police escort or after an order from the court that he is in contempt.

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