How to Make a Spouse Move Out During Divorce
Divorce is one of the most painful moments, if it unfortunately happens to your marriage. There are many complications during the course of your divorce that you have to take care of. These include the custody of your children, the possession of belongings and property. Property is one of the factors that require the most consideration. Many couples have to settle the matter in court as they could not reach a decision by negotiating. You need to prepare a motion for temporary possession of the property and support your case with evidences.
Instructions
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1
Talk about the matter
The best way would be to sort the matter between the two of you. In this way, you would not want to go to the court. However, this option is not always successful as nobody is willing to compromise on the situation. You can sit together and come up with a solution to the problem. -
2
File a motion for temporary possession
You need to file a motion for the temporary possession of the house once the divorce case has started. The case has to be filed in the local court. The motion may include temporary residence or the custody of children. -
3
Collect the necessary evidences
You must have good evidence to support your case so that you may be awarded the possession of the house. Try to collect documents that may support you and specify the reasons why your partner should not be awarded the house. List down the reasons why you deserve the place more than the partner. -
4
Send a copy of the motion to the spouse
Make sure you send a copy of the motion to the spouse also. Other details such as the date and time of the court hearing should also be sent to the spouse so that there is ample time for your partner to collect evidence also. -
5
Present the evidence in court
Finally, on the day of the hearing present your case with all the evidences and details so that the decision can be given in your favour. Also keep in mind that you will have to answer the arguments on part of your partner in court also.
