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Wife wants a divorce but wants to live in same house

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  • Wife wants a divorce but wants to live in same house

    I have a friend who is going through a separation. Back in August his wife told him she no longer wanted to be together and wanted a divorce. They have 3 children together. My friend has since gotten a lawyer and has been pre approved to take over the mortgage of the house they own together and buy her out. His wife has moved him into the basement and she has made the upstairs her own living space. She has no intentions of getting a lawyer or moving out. What options does he have or does he ultimately have to sell the house altogether, just to get her out?

  • #2
    he has a lawyer so why isnt he sending an offer to settle? She doesnt have to move out yet and he cannot just list the house for sale unless she agrees to it or it is ordered.

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    • #3
      Sorry, what I mean is, if she is just planting herself and has zero intentions of moving on to the next steps - buyout, moving out, creating a schedule, filing divorce - what options does he have? Let's say he sends her an offer to settle and she just doesn't respond. Then what?

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      • #4
        he would just have to follow all the steps for divorce. She will eventually smarten up and reply. She can put her head in the sand but it will eventually work against her.

        Has he did his financial statement etc? I am getting the impression he wants her out then deal with the rest of it. When he was pre-approved was the bank made aware that the buyout is for the home and there maybe SS and CS that may have to be paid? I know that my bank would not advance any money until they saw the signed separation agreement.


        Piece of advice for him. Watch out for her setting him up on a false domestic violence claim to get him out. He should move out his personal belongings and papers that he does not want to go "missing". Also document every interaction with her and the kids.

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        • #5
          He needs to consult a lawyer and avoid anything 50/50 for the kids, assuming that is what he wants. He has time to build a status quo before filing.
          If he is good to go then simply file for the divorce and take steps to protect himself from a false domestic violence accusation.

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          • #6
            Originally posted by HardWorkingDad View Post
            Sorry, what I mean is, if she is just planting herself and has zero intentions of moving on to the next steps - buyout, moving out, creating a schedule, filing divorce - what options does he have? Let's say he sends her an offer to settle and she just doesn't respond. Then what?
            The legal system exists to force people to do things that they do not want to do.

            So, is she has zero intention of moving, then you need the legal system to force her to do it. Generally speaking that is going to require a separation agreement, which is going to involve settling all of the issues.

            To reiterate the warning of other posters, this is when false domestic abuse charges tend to crop up. They are a disaster, your friends needs to be very very careful.

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            • #7
              Originally posted by pinkHouses View Post
              He needs to consult a lawyer and avoid anything 50/50 for the kids, assuming that is what he wants. He has time to build a status quo before filing.
              If he is good to go then simply file for the divorce and take steps to protect himself from a false domestic violence accusation.
              Should say "avoid anything other than 50/50"

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