Tuesday, December 16, 2014

What If My Ex Refuses to Move Out?

Divorce and family law involves more than simply the divorce proceedings. Sometimes, in the unfortunate event that a marriage is ending, one of the parties will not vacate the main residence that the two shared and the other party needs help resolving the issue. They aren’t staying because they don’t know the relationship is over, but rather because of a number of underlying reasons. Even though relations are strained, it is worth it to try to find why they won’t leave, so you can come to an agreement together on how to fix the situation. If that level of conflict resolution isn’t possible, because of tension, then it is necessary to seek professional help through your attorney to get results.


Often, the reason a person stays in a home with an ex is financial. Perhaps they don’t feel they can afford another property, especially if they are responsible for supporting, in whole or in part, the primary residence. If that is the case, then they likely won’t be able to leave until they can afford to rent or purchase another option. Emotional reasons are also sometimes the culprit when a former spouse won’t leave. They might need professional psychological help to get them through the situation and back on their own.

In situations where the couple share children, the ex might not want to vacate the home until all custody issues are resolved. According to divorce and family law, this is actually smart on their part. They aren’t seen by the court as abandoning their children or responsibilities. Unfortunately, if the relationship includes frequent arguments, then the children are likely suffering more in the situation.

Unless the couple can come to a resolution on their own, professional help will need to be sought. Attorneys that specialize in divorce and family law can help guide a person through the necessary steps to get the ex out of the house. In most cases, force through the help of police officers isn’t used, unless someone is in danger or it can be legally proven that the ex should not be in the house. Usually, the resolution is in a legal agreement that ceeds property, finances, or child custody rights to one or the other parties.

If you would like to learn more about divorce and family law in Austin, visit KoonsFuller, P.C.

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