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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-28-2005, 05:52 PM
Hanging On Hanging On is offline
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Default possession of matrimonial home

My lawyer told me today that even IF I got possession of the matrimonial home in a separation agreement based on a judge's decision, I could not kick out my hubby if he does not want to go!!!I thought that's what possession of the home allowed you to do! Also another little tidbit that i did not mention is that there is a rather large lean on my home due to some problems my husband incurred during our marriage. He is working to get this lean removed but my lawyer says he may never get it just have the courts force him to sell at which point we will both lose all and any equity in the home and move on. I would have liked to stay here for a few years before having to uproot my kids right away...I feel so stuck now. I am in emotional purgatory and want to get out but really want as little disruption in my children's lives as possible....
Old 12-28-2005, 07:53 PM
Grace Grace is offline
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That doesn't make any sense to me either. I thought the purpose of getting exclusive possession of the home was to have the other spouse leave. I do know that Judges are reluctant to give possession to one party over another unless there is a history of domestic violence. Also a Judge can order the sale of the home. In your case it would make more sense to keep the home until you have the lean removed so you will both be left with some equity, otherwise you both may end up with nothing. Hopefully you can work this out between the lawyers. Going to court is aways risky.
Old 12-30-2005, 10:37 PM
lpstong lpstong is offline
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I do know that in the United States that if one of the spouse can not afford to move out during the divorce the courts will not force the issue. And thats no matter who the house is name in.
Old 01-04-2006, 02:20 AM
homer homer is offline
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But its not like that in Canada, right?
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