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  1. Melancholy in Madison

    Melancholy in Madison Law Topic Starter Guest

    Jurisdiction:
    Wisconsin
    Hello, my husband and I built our home 20 years ago. He and I were on the mortgage together at the time. After living in the home and paying the mortgage for about 5 years my father-in-law bought the home from us because my husband was willfully unemployed (most of the time) or under-employed (some of the time). We have lived in this home since his purchase with no formal rental agreements in place. I am now considering divorcing my husband. When I file I expect that he will tell me to leave. I will need several months to save money in order to make a new residence available. Can my father-in-law evict me from the property? If so, how long will that process take for him to do so? Please let me know as it effects the timeline of moving forward with the divorce.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yes.

    But first he would have to terminate your tenancy and then evict through the courts if you were still there beyond the termination date.

    He would first have to give you written notice of at least 28 days prior to the end of a rental period.

    See WI statute 704.19:

    2015 Wisconsin Statutes & Annotations :: 704. Landlord and tenant. :: 704.19 Notice necessary to terminate periodic tenancies and tenancies at will.

    Suggestions:

    1 - Don't telegraph your intentions.
    2 - Make copies of ALL your personal and financial records and remove those copies from your home. Include copies of auto title, insurance policies, etc. Make sure you've secured your birth certificate, SS card, marriage certificate, passport, etc.
    3 - Get yourself a PO Box.
    4 - Open a bank account in your own name and get a credit card in your own name with that bank, using the PO Box address. Use a different bank than the one you use now. Not just a different branch. Get a safe deposit box in the new bank. At some point, prior to serving him, withdraw half of the money in any of your joint bank accounts and put it in your new account.
    5 - Get a digital camera and photograph EVERYTHING in your home. Make a record of the brand, model, and serial number of anything that has a brand, model and serial number.
    6 - Password protect your phone and computers. Use passwords that will be hard for him to figure out.
    7 - Buy a small, portable, hard drive. Keep it secret. Back up everything on your computers frequently. Just before you serve him the divorce papers make sure you delete all your stuff from the computer after backing it up just in case you have to leave the computer behind. I made the mistake of not doing that, had to leave the computer behind, and everything on it was used against me.

    Do all of the above and take any other precautions you can think of and do them before you file your petition as once you file, the preliminary injunction will prevent you from doing any of that.

    If you plan on using a lawyer I suggest talking to one early on in case there is anything else you need to prepare for that I haven't covered.

    Keep in mind that WI is a community property state so each of you will be entitled to half of any pensions, 401(k) plans, and IRAs. That gets a little complicated and will require QDROs (Qualified Domestic Relations Orders). If QDROs are required make sure they get prepared and filed with the decree and immediately served on custodians of the accounts. If you have more investment assets than he does you may have to resign yourself to accepting more debt or giving him more money in exchange for keeping your investments intact.

    I was divorced in a community property state and learned a lot so feel free to ask more questions if you need to. Keep all your discussion to this thread, don't open up new ones.
     
  3. txls

    txls Well-Known Member

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    You also need to consider that even though they may not be able to legally force you out until proper notice is given, etc, they can sure make your life miserable in the interim.
     
    army judge likes this.
  4. adjusterjack

    adjusterjack Super Moderator

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    And she can make his life miserable by seeking temporary possession of the residence which could put him out (instead of her)and prevent the father-in-law from evicting.
     
  5. txls

    txls Well-Known Member

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    Sure but in the long run is it worth it. Not for me to decide, just saying it's worth thinking it all the way through.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    True. With no ownership interest in the house, it's best for her to just leave and get it over with.
     

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