Kicking wife out.

[Natureboy]

Was informed my wife was cheating. We have 3 small children. Her name is on none of the house or property. She informs me I cannot kick her out because "it is the family home' and legally I can't.

So until the seperation legalities complete I am stuck with her here.

Anyone ever hear of this?


I am not going to go into "best for the children stuff" at this time. I am just trying to figure out the legality of this and I can't get ahold of my lawyer for the last two weeks as he is out of town or something.

Any ideas?

[Mess]

People have been cheating for thousands of years. I realize this can be hard on people, but you will survive it. Being angry won't change anything, other than making a difficult situation worse.

Someone who cheats is a bad spouse, not a bad parent. This doesn't affect the children, there is no reason they should know. It will hurt them to drag them in the middle.

You have every right to end your marriage, but the home is the property of both of you. You both share all the assets of the marriage. Having sex outside the marriage doesn't alter this. A marriage certificate is not a ceritificate of ownership (in this society). I know I am being harsh here, but you have to let it go, for your own sake, you will only make things harder on yourself.

Splitting up is devastating on both parties even in the most amicable circumstance. If you are really angry and feel you can't handle it, then you should see a therapist. The worse this gets, the more it will cost you and the worse it will be on your children.

Please, I'm not saying what your spouse did was OK, but you need to step back and deal with this with a cool head and above all put your children first. They need their mother, whatever you think of her she will continue to be your partner raising the children and you need to maintain a working relationship with her.

[representingself]

You cannot legally kick her out. Both of you are entitled to possession of the "matimonial home", regardless of whose name is on the title or who pays what. Neither of you can force the other to move out.

Divorce is a very expensive and lengthy process. Her infidelity makes no difference. If you claim adultery, you can file for divorce faster than if you cited irreconcilable differences.

You are both entitled to 50% of the marital assets and 50% of the marital debts.

Whomever ends up with custody of the children is entitled to child support and whoever makes the most money is usually responsible to pay spousal support.

These forums can provide assistance and support, but it is important to see your Lawyer as soon as possible.

[wretchedotis]

They need their mother, whatever you think of her she will continue to be your partner raising the children and you need to maintain a working relationship with her.

Wise words, indeed.

[FreeNow]

NB
I feel for you. I also had an unfaithful wife. I am sure that you are filled with fury. I certainly was.
If you take that fury into the divorce process you will be the loser. The system doesn't care that a spouse was unfaithful. Leave it. We can thank the dazzling Pierre Trudeau for that.
Your separation and divorce, CS, SS and custody will be fact driven. Get your facts straight. Learn all you can. Do searches here and at Canlii.

Good Luck
FN

[Suchislife]

Natureboy, you can seek what is called 'exclusive posession of the matrimonial home'. Your wife may agree to this and she may not. If it is not on consent (by her) it may still be granted by a Judge if your reasons for why you should be able to stay and why she should go are valid. These would include tension etc....
An interim cusody & access order would be put in place while things are hashed out.

[representingself]

Natureboy, you can seek what is called 'exclusive posession of the matrimonial home'. Your wife may agree to this and she may not. If it is not on consent (by her) it may still be granted by a Judge if your reasons for why you should be able to stay and why she should go are valid. These would include tension etc....
An interim cusody & access order would be put in place while things are hashed out.

This is true... however, it is most likely that the person who wants/gets, primary custody of the children (60% +), would get the home... no???

I do believe that custody plays a big part in deciding possession of the 'matrimonial home'.

Either way, if the two of you cannot agree to settle on your own, and go through the court process, it could take months, even years, to finalize everything.

Natureboy.... What does your financial situation look like.... Does the stbx work? Can she get the funds together to get a new place? There is much to consider.