How to Legally Remove an Ex-Spouse From Your Home
On occasion a former spouse fails to leave the marital residence despite being directed to do so in a divorce decree. Perhaps you find yourself in such a situation in which your ex-spouse continues to reside in the marital residence even though he was ordered to find alternate housing in your divorce decree. You may find yourself frustrated not really knowing what to do in this circumstance. The reality is that there are legal resources available to you through which you can remove your ex-spouse from your home.
- Difficulty:
- Moderate
Instructions
Things You'll Need
- Certified copy of divorce decree
- Order enforcing divorce decree (if required by law enforcement)
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1
Obtain a certified copy of your divorce decree. You obtain this document from the clerk of the court which granted your divorce. A certified copy is a duplicate of the divorce decree on file with the court that is verified as being a true and correct copy of the order. A well-crafted divorce decree includes a specific date by which your ex-spouse was to vacate the property.
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2
Go to the local sheriff's department and request to speak with a deputy in the civil division. The typical sheriff's department maintains at least one deputy who enforces civil orders from the court.
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3
Advise the deputy that although your ex-spouse is supposed to vacate your residence pursuant the divorce decree, he continues to fail to do so. You need to show the deputy the certified copy of your divorce decree.
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4
Schedule a time for deputies to come to your residence to remove your spouse from the premises if the sheriff's department confirms that the divorce decree is sufficient to effect the removal of your ex-spouse. In some cases the sheriff's department may request a more specific order directing law enforcement to remove your ex-spouse.
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5
File a motion to enforce the divorce decree if the sheriff's office wants a more specific order directing the physical removal of your ex-spouse from the home.
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6
Obtain a specific order from the court directing your ex-spouse to comply with the divorce decree and vacate the residence. Make certain there is a specific provision in the order directing the sheriff's department to remove your ex-spouse from the property.
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1
Tips & Warnings
If the divorce decree set a specific date by which your ex-spouse was to vacate the premises, move immediately to seek enforcement of that order and the intervention of the sheriff's department to remove him.
Enforcing a divorce decree is challenging in many instances. Consider hiring an attorney to represent you in pursuing the legal removal of your ex-spouse from your home.
