What to do About Ex Who Won’t Leave Property?
|
Summary
In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. She has not moved nor has she made any attempt to move. |
“We live in Texas. My boyfriend and his wife’s divorce was just finalized earlier this year. In the divorce decree, she had six months in which to move off of the property they owned together so that it could be sold. Her last day for being on the property was Tuesday, September 26, 2006. She has not moved nor has she made any attempt to move. We were previously told by an attorney that he needed to send a certified letter notifying her that according to the court order she was supposed to have moved so they could sell the property. If she still did not move, then it would go back to the courts� Is this accurate and if so, is there a particular form letter we can use or is there specific information that needs to be included in the letter for it to be valid?”
I’m not aware of any particular form letter to use. I am guessing that your boyfriend wants her to move off the land as peacefully and quickly as possible. So he’s trying to remind her that there is a valid Court order (attach a copy for convenience), she knows about the order (she was there, she signed off), the time to comply has come, and she is currently in violation. If the order is specific enough, it could be enforced through a contempt action in front of the same judge that signed the order. That judge may be willing to make further orders relating to her removal from the property with directions to the sheriff to help out. But we don’t want to go through all that and if we did the Court might order you to pay my fees so what do you say about getting out of there within 2 weeks?
|
Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody! |
Can my Boyfriend’s Ex Legally Keep his Child Way from Him just Because she doesn’t like me?
I let my Ex Boyfriend’s Parents put their Utility Bill in my Name and Now the Bills have Gone to Collections, What Should I do?
How Can We Get My Boyfriend’s Ex Off Their Old Property?
For more on this subject check out these categories: Divorce, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.