questions & answers

Question: I am at the tail end of a very bitter divorce. I purchased my home prior to marriage; I am the only person listed on the title and mortgage. My ex-wife was granted temporary exclusive use and possession of the home during the divorce process. The divorce is now finalized. The decree clearly states the home is mine. There is nothing in the decree that states she has X number of days to vacate the residence, and she refuses to leave. What is the process to get her out of my house and how long can I expect it to take?

Answer: If there is nothing in the divorce decree allowing her to remain in the residence she is a "tenant at sufference" with no right to remain. You should provide a written notice to vacate. If she does not leave you may file a forcible entry and detainer (eviction)action in justice of the peace court. The entire process should occur in less than two weeks.