I filed for divorce but he won't move out.

[juanitah2000]

I have been married for 3 years and 7 months. Prior to meeting my spouse and getting married, my grandfather passed away and left his home to me. A year and a half later, I met and married my spouse and he moved into the home with me. When he first moved in, the property had approximately $100,000 in equity. The value of the property has decreased and I am roughly $85,000 upside down. I have filed for divorce and my spouse refuses to move out. He says that he is going to sue me for infidelity and obtain my home that I owned prior to our marriage and alimony. He has work throughout the marriage and quit his job two weeks after I asked for the seperation. How do I get this man to move out of my home. He no longer contributes financially and he taunts me and makes my life miserable. Any assistance that anyone can provide me will be greatly appreciated.

 

[Proserpina]

You can amend the divorce petition and request exclusive use of the marital home; he'll then be forced (eventually) to move out.

As for the rest of it - DO NOT LISTEN!

He is absolutely full of it. He's not getting your house and in the incredibly slim chance of him getting ANY alimony at all it will be for about 15 months maximum.

And if he's capable of working? He likely won't get a darned cent.

Don't let him intimidate, lie and bully you further. Stand your ground - if you need to get another job to afford an attorney, do it!

 

[army judge]

I have been married for 3 years and 7 months. Prior to meeting my spouse and getting married, my grandfather passed away and left his home to me. A year and a half later, I met and married my spouse and he moved into the home with me. When he first moved in, the property had approximately $100,000 in equity. The value of the property has decreased and I am roughly $85,000 upside down. I have filed for divorce and my spouse refuses to move out. He says that he is going to sue me for infidelity and obtain my home that I owned prior to our marriage and alimony. He has work throughout the marriage and quit his job two weeks after I asked for the seperation. How do I get this man to move out of my home. He no longer contributes financially and he taunts me and makes my life miserable. Any assistance that anyone can provide me will be greatly appreciated.

Proserpina gave you correct advice.
Ask for exclusive use of the marital home.
You can claim that he's verbally abusive, intimidating, and threatening.
You have to have a reason to request exclusive use of the marital home.
The judge might not buy it, and tell both of you to play nice.
He/she might say that you use the east end of the home, and Mr. Big Mouth must use the west end of the home.
Sometimes one person is told to enter through the garage, and the other through the front door.
Both parties are also told NOT to speak to each other.
Judge's don't like to kick people out, because they're loudmouths.


You could also bring a concurrent eviction action against this bum.
It'll take a little while.
It may not go anywhere.
But, it'll get his attention.

The redeeming thing for you, OP, is that you owned th ehome prior to teh marriage.
Even in community property state's, you'll walk away keeping your home.
As far as the infidelity, ignore his taunts.
That's very, very hard to prove.
Just say nothing when he rants.
However, it would be helpful to you, if you caught his rants, threats, and taunts on tape or digital video.