Help! I don't know how to get him out of the house.
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Thread Starter
Join Date: Jul 2013
Location: Houston, TX
Posts: 339
Help! I don't know how to get him out of the house.
Brief background: hubby got new job in the spring. Job announced a relocation to a different area in the metro. Hubby and I agreed to live separately. He agreed bc I told him I didn't want to uproot the kids yet and he needed to make sure he wanted this job/relocation. In reality I'm done, I want a divorce. We are in the process of selling our house.
Fast forward: Hubby has relapsed hard and is drinking vodka all day. I got power of attorney from the title company so I can handle the closing and not worry about him being too drunk. I am getting what I want out of the house. As far as I know hubby has rented an apartment up near the job but doesn't have the keys. He is able to move in after we close on the house. We have a lease back on the house. I will be out much sooner.
He was fired yesterday and all he does is drink. My realtor knows the situation and I asked him what happens if hubby is not out of the house when the lease back period is up. He told me to hire movers and find a way to get him out.
I am stressed to the max and feel I'm on the verge of a breakdown. I have a call in to an attorney but haven't heard back. Any suggestions? Its a good possibility he will be dead drunk with all his furnishings still in the house when the new owners arrive.
Fast forward: Hubby has relapsed hard and is drinking vodka all day. I got power of attorney from the title company so I can handle the closing and not worry about him being too drunk. I am getting what I want out of the house. As far as I know hubby has rented an apartment up near the job but doesn't have the keys. He is able to move in after we close on the house. We have a lease back on the house. I will be out much sooner.
He was fired yesterday and all he does is drink. My realtor knows the situation and I asked him what happens if hubby is not out of the house when the lease back period is up. He told me to hire movers and find a way to get him out.
I am stressed to the max and feel I'm on the verge of a breakdown. I have a call in to an attorney but haven't heard back. Any suggestions? Its a good possibility he will be dead drunk with all his furnishings still in the house when the new owners arrive.
Last edited by Catherine628; 08-16-2014 at 03:34 AM. Reason: spelling
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Join Date: Apr 2013
Posts: 494
I'd also be worried that he will trash the house and you'll have problems at pre-closing inspection. It might be worth a call to an attorney specializing in real estate. (Or is that the type you already called?) They can be very helpful. It would be good to have someone looking out for your interests and making sure the whole deal doesn't go south or buyers attempt to walk for any reason related to this.
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Join Date: Jul 2013
Location: Houston, TX
Posts: 339
For some reason him trashing the house is the only thing I'm not in a panic about. Everything is still in good shape and working order. Plus I plan on stopping in to check/clean. We really need the money to survive. And I know he wants the money too.
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Join Date: Apr 2014
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Sort of same situation about 8-9- months ago. I moved things out, piece by piece by myself to the garage. I got a house (with help) gradually moved in everything I wanted, with the help of movers. I did give AH the house. He's going to loose it. But, my stuff is out, I'm divorced legally, I have full custody of my child. He never showed up for the divorce. He has my number, because we have a son together.
It was , in my opinion, really funny. He called yesterday and said he was going to loose the house and he feels that I should help him with the taxes or he will get kicked out. It was a rent to own. I told him if he would of came to the hearing he would have known I signed off on the house, and signed up for my son lol! Not my problem. I have not lived there for the past 9 months!!!!
I will always care for my X and wish him the best, but 13 years is long enough for me!
It was , in my opinion, really funny. He called yesterday and said he was going to loose the house and he feels that I should help him with the taxes or he will get kicked out. It was a rent to own. I told him if he would of came to the hearing he would have known I signed off on the house, and signed up for my son lol! Not my problem. I have not lived there for the past 9 months!!!!
I will always care for my X and wish him the best, but 13 years is long enough for me!
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Join Date: Apr 2013
Posts: 494
If he can't pick up keys and move to the new place until you close, it seems pretty much guaranteed that he and all his furniture will be there for the preclosing walk through, which could delay closing. You might have to rent a storage unit, pack him up, have movers take his stuff to the unit and put him in a motel for a few days before closing.
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Join Date: Nov 2009
Location: Southwest
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You have to get a court order (an emergency TRO) that will require him to leave, then you get the sheriff to enforce it.
This is why I recommended that you speak to an attorney ASAP. On Monday, I would call as many family law attorneys as I had recommendations for and get an appointment.
If he leaves at all, I would change the locks. I am not telling you that this is legal, because I don't believe it is, but it's practical and would result in him finding a way to get into his new apartment sooner.
In the alternative, can YOU get the keys to his new apartment and have a male friend offer to help him get settled? Ordinarily this is nothing I would recommend, but in this instance, he needs a place to go ASAP and isn't in any condition to follow through on it himself.
This is why I recommended that you speak to an attorney ASAP. On Monday, I would call as many family law attorneys as I had recommendations for and get an appointment.
If he leaves at all, I would change the locks. I am not telling you that this is legal, because I don't believe it is, but it's practical and would result in him finding a way to get into his new apartment sooner.
In the alternative, can YOU get the keys to his new apartment and have a male friend offer to help him get settled? Ordinarily this is nothing I would recommend, but in this instance, he needs a place to go ASAP and isn't in any condition to follow through on it himself.
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Thread Starter
Join Date: Jul 2013
Location: Houston, TX
Posts: 339
We have a lease back after our close date so there will be furniture in a few rooms for the preclosing walk through.
Apparently the day his apartment lease starts is the last day of our lease back. I am thinking I will hire movers so at least the stuff is out of this house.
He can either tell them to go to his apartment or get storage. I can try to call the apartment and see if things are on track for him. I hate this.
Apparently the day his apartment lease starts is the last day of our lease back. I am thinking I will hire movers so at least the stuff is out of this house.
He can either tell them to go to his apartment or get storage. I can try to call the apartment and see if things are on track for him. I hate this.
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