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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11759
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife is leaving me and is looking for a place to move to.

Customer Question

my wife is leaving me and is looking for a place to move to. i own my home that i purchased before our marriage and will be staying here but how do i get her to leave? she is constantly fighting with me and i would call the police but i do not want to get her in trouble or deal with the situation through the police
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: NH
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 2 months ago.

Good evening. Does she have the ability to rent her own place? Are you going to file for divorce?

Customer: replied 2 months ago.
we are going to file for a divorce. She has the ability to live with her parents in the same town we live in now but wishes not to. she is looking for a place to rent or buy but has student loan debt and credit card/car debt that is in my name that she is paying. We have already agreed to be separated but she hasnt found anything to rent that she can afford quite yet.
Expert:  FamilyAnswer replied 2 months ago.

Thank you for the reply and I am sorry to hear about what you are going through. If you file for divorce, you can ask the Judge to award you possession of the home. Seeing how you owed it prior to the marriage, a good faith argument can be made, that you should remain and she should vacate and either live with her parents or rent or buy a place on her own, if she can afford it and qualify. However, it may be a situation where she asks for temporary support, while the divorce is pending, so you may want to keep that in the back of your mind. Right now, there is nothing legally forcing her to vacate and until it is court ordered, she can remain, as it is the martial home.