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LegalKnowledge, Attorney
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I have been divorced since May 9, 2013 and my ex refuses to

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I have been divorced since May 9, 2013 and my ex refuses to leave the home. How can I get her out. Is there an eviction notice?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. In the divorce decree, were you awarded sole occupancy/possession of the home? Did the Judge order that she vacate upon a certain date?
Customer: replied 4 years ago.

Yes, I received sole possession of the home. The judge gave no specific date. Decree states wife will execute a quit claim deed immediately upon the entry of the decree.


Wife's name to be removed from the mortgage within 90 days of the entry.

Thank you for the additional information. First off, your wife needs to execute the quit claim deed or else she can be held in contempt of court. Once she does this, she will no longer have any legal interest in the home and would need to vacate. If she is unable to work with you to make this process as smooth as possible, then you would have to go through the eviction process and get her out. She would need to be served with 30 days written notice to vacate, placing her on notice that she no longer has a legal right to reside there, as a result of the actions of the court. While it was previously her residence, that is no longer the case. If she fails to move after that time, you would then have to proceed through court, to evict her and obtain your relief. You can likely go to the clerk of court this morning or call them on the phone and obtain the necessary forms to fill out and file, to start the process.

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