Going through a divorce is hard enough, and most of the time, you can’t wait for the tides to settle. But what happens when a toxic ex who won’t leave?
Living with an ex can be taxing. It makes it hard to move on and become fully independent emotionally and financially. But you just can’t kick them out, right?
There are legal issues connected to being divorced but ex won’t leave. While it may sound complicated, you can overcome this challenge with the correct information. Dive into our comprehensive guide and join us as we identify ways to help you get your ex to leave.
How Long Should My Ex Take To Move Out After Divorce?
Typically, the divorce settlement includes the time limit for your ex to move out. However, the period may vary depending on different sets of circumstances. Several factors influence the duration an ex can take to move out. These factors include:
Divorce Decree
Your divorce decree has various components that guide settling after divorce. The order includes issues with alimony, custody, and child support. The divorce decree can dictate how long your ex should stay in the marital home.
Home Ownership
The status of home ownership can make living arrangements complex. If you and your ex-spouse own the property together, it can make it challenging to live separately. Resolving the division of property may take time, influencing when your ex-spouse can realistically move out.
Related: When Is a Marriage Considered Irretrievably Broken Down?
Lease Agreement
If you live in a rental, the lease agreement can also influence when your ex moves out. If the lease is in both your names, you may need to work with the landlord to make any necessary changes. If the agreement is in your name, it is essential to consult an attorney to figure out the best way for your ex to move out.
Child Custody
Having kids is also an influencing factor when it comes to living arrangements. If your ex has primary custody of the kid(s), they might require more time to find convenient living arrangements. Also, in some setups, it is common for the person with full custody to continue living in the marital home.
Finances
Financial constraints can also affect the timeline. Change in living arrangements requires time to make financial plans. If your ex-spouse needs time to find a new place to live or secure the necessary finances to move, it may take longer.
How Can I Evict My Ex From the House I Own When They Refuse To Leave?
While you may have the right to kick your ex out of your house if you own it, it is not an easy process. If you want to evict your ex, consider the following:
Get an Attorney
It is essential to have an attorney when dealing with legal matters involving your ex. First, consult an attorney who specializes in real estate or family law. The attorney can help you understand the law clearly regarding your circumstances.
Talk To Your Ex-Spouse
Ensure that it is clear to your ex that you no longer want them to stay in your house. Attempt to communicate with your ex-spouse about the situation and your desire for them to leave the property. You can speak directly to them or ask someone you trust to tell them. Remember to keep a record of all communication attempts.
Serve Them a Notice
Let your ex know when they are required to move out in writing. Your attorney will help you draft and serve a formal notice to quit or an eviction notice to your ex-spouse. The statement outlines a specific period during which they must vacate the property, as local laws require.
Follow the Law
In evicting an ex, you need to follow the law of your state religiously. Avoid using unlawful ways to get your ex out of the house, no matter how badly you want to evict them. If you have an attorney, they can make things even easier by guiding you on the proper procedures.
Court Procedures
If your ex-spouse does not comply with the notice to quit, you may need to file an eviction lawsuit or go to court. At the court hearing, you’ll present your case, and a judge will decide. Be prepared to provide evidence that supports your claim to the property.
The court determines the case and whether your claims are viable. If the court rules in your favor, you will receive a court order for the eviction. Law enforcement may then be involved in physically removing your ex-spouse from the property if they still refuse to leave.
Is Staying In the Marital Home Worth It?
The process involved in kicking an ex out of the marital home can be challenging. It involves financial, emotional, and legal battles that can be taxing. Sometimes, it is essential to consider whether it is worth going through the challenges of living in a marital home. Here are a few factors that can help you determine whether your marital home is worth fighting for:
Kids
If you have children, staying in the marital home can stabilize them during a challenging time. It may be essential to minimize disruptions to their daily lives, especially if they are attending the same school and have established routines. Kids can motivate you to fight for the home and kick your ex out. They need to have peace and stability.
Finances
Before kicking your ex out, it is essential to make financial considerations. Evaluate whether you can afford to maintain the home on your own; this includes mortgage payments, property taxes, utilities, maintenance, and other associated costs. It’s essential to have a clear understanding of your financial situation and whether it’s sustainable.
Sentimental Value
Sometimes, the emotional attachment to the home can be reason enough to want to keep it. If you have fond memories in the house and it provides stability and comfort, you may want to stay.
Ownership
It is essential to consider your legal rights to the property. If you have a solid legal claim to the home through ownership or a court order, staying may be a viable option. If you need to buy out your ex-spouse’s share, ensure you can manage the financial aspects.