Cullman, AK asked in Divorce for Alabama

Q: We have signed out papers & now waiting our 30 period for judge to sign, does what we agree o apply now?

My ex is saying he don't have to leave the home he agreed to give me in our divorce because he says we are still LEGALLY married until judge signs papers. But our papers state we will not live in the same house. Can i ask him to leave legally?

Related Topics:
1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: Of course you can ask him to leave! You need to consult your divorce agreement. What does it say about this? Based on your question, I'm assuming that you have a divorce agreement. Many Alabama divorce agreements contain language that the terms are effective upon the execution of the agreement. If your agreement says you get the house, AND says that it becomes binding on execution, then you have a right to the house then and there. Even if your agreement doesn't have that language, you can still ask him to leave. In fact, don't ask him to leave...TELL him to leave. You're going to have this problem even after the judge signs the decree. If the freeloader doesn't leave now, the judge signing the order isn't going to convince him to get out. You could bring an ejectment action, but that costs money. A better route is to start now making his life in your house miserable. Don't feed him. Don't wash his clothes. Don't clean his room. Put sugar in his bed. Pepper in his teacup. You get the idea. You can think of things...non-criminal and non-destructive things...that would make his remaining in the house unpleasant. There are probably things about your case that I don't know. So this answer is not complete, and you should not rely on it. You should consult with the lawyer who represented you in the divorce. If you did the divorce yourself, you may want to call for a consultation so that I can give you a more complete and accurate opinion. I don't charge for the first thirty minutes of a consultation. Go to my profile page where you can find an email link or a telephone number. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.