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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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N.C. got leagally seperted got the house and all CC bills,

Customer Question

N.C. got leagally seperted got the house and all CC bills, she signed off the deed, let her move back in :( now after two years its worse than ever, have 2 kids 12 & 15,she wont leave what can i do? she says she can claim the house till kids are 18
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

She does not have a right to remain in the home. Currently should be considered like a tenant. You can give her notice to quit and ask her to leave. The only question is whether the children will leave with mother or stay with you. The only way she can get you out of your house is by filing a protection from abuse order / temporary protective order. You need to be extremely careful in regards ***** ***** into any arguments or heated conversations with her that would give her any basis to file such a petition. Remember it is the one area of law where you can be found guilty before you have actually committed the offence. The house is not a marital asset based upon your description of events.