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Re: It's not 'her' apartment...and he's playing hardball

Posted by Ace on July 19, 2001 at 16:01:58:

In Reply to: It's not 'her' apartment... posted by MikeW on July 19, 2001 at 12:34:00:

by breaking into a home that he does not stay in or maintains his name on the lease of it.

I recommended this poster call a lawyer. From what you wrote, it sounds like until the whole thing is processed, they should be both living in the same place.

The poster mentions this divorce being messy -- perhaps the soon to be ex is just doing this to get back at her, and not because of him "exercising his rights". He's "exercising his right" to harrass.

Interesting on this being a marital property split a house. I wonder if he's been paying the rent all along -- if he hasn't I don't think it'll strengthen his case any.

: If it was rented during the marriage, the lease is marital property. She may very well end up with possession of it in the end, but her husband will likely be compensated by being awarded assets of a value equal to the value of lease. If the apartment is a good stabilized deal, this could be a large amount.

: : You name is on the lease, he has not maintained it as his primary residence, but you have (?) it's your apartment. Curious as to why he never renewed in his name-oh well-too bad. SInce he hasn't lived there, have him remove his stuff or tell him you'll put it in storage.
: : But don't remove his things yourself-could get into trouble for that.
: : Speak w/ your attorney as to when you can change the locks.

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