Ex-Husban Evicting Ex-Wife

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thayward

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My jurisdiction is: Michigan

My jurisdiction is: Michigan / Genesee

My jurisdiction is: Genesee County / Michigan

Facts:

September 2007 - Husban Leaves wife and lives with girlfriend. September 2007 being the Last date in which he willfully contributed any funds to care for his 2 children (ages 8 and 3 months - Date of 08/2007)

November 2008 - Court order support begins @ 1k per month

Feburary 2009 - Divorice is finalized with the reduction of child support to 400 Per month because ex-spouse is unemployed (ex-husban is alleged to be working under the table or as a contractor). Court orders that the home (which is solely in his name) which is in forclosure to be taken out of forclosure by either party wishing to do so. - Court noted ex-wife and children were residing at residence in question.

- Note: Ex-husban refused to place wife on file so that she could contact and discuss the financial hardships with the bank. Bank refused to discuss anything with her since her EX did not give permission. He would not give her any information either.


April 2009 - Ex-husban serves wife with eviction notice - Non court ordered, giving her and the children 30 days to move - Home was in forclosure and he wishes to bring it out.


I am wondering as to what rights the mother has to this home since a.) he failed to allow her the opportunity to speak with the mortgage company b.) He is evicting her and his own 2 children from the home so he can occupy it (which one has to wonder if this maybe a means to attempt custody of children - since it would result in the mother not having a stable home)

Thanks,
THayward
 
It's important to remember that only a court can grant an actual eviction.

It sounds like what happened is that the ex-husband presented the ex-wife with a notice to vacate. If she does not comply his next step would be to file for an eviction through the court system. A hearing would be set up and at that time, the ex-wife can present her side.

It would also be beneficial for the ex-wife to go back to the attorney who handled her side of the divorce to discuss the issue of the ex-husband blocking her attempts to work with the bank.

Gail
 
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