She's threatened to move out if I move back in.

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She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 07, 2012 10:32 am

I recently completed a DVPO and want to move back into my house. My Wife has threatened to move out, take the kids, shutoff utilities & stop paying mortgage if I move back in. We live in NC. What legal rights do I have? Thanks.
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Re: She's threatened to move out if I move back in.

Postby madalex » Wed Mar 07, 2012 10:40 am

Have you filed for divorce yet? Are there any temporary or other orders in place?

In any event, call her bluff. Move back in and pay the utilities and mortgage yourself. If she takes the kids, get a lawyer and go to court to file for an order to have the children returned to the marital home.
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Re: She's threatened to move out if I move back in.

Postby minuette » Wed Mar 07, 2012 10:49 am

You have a domestic violence protective order against her? What is she restricted from doing?

On other fronts, do you have the financial resources to pay the mortgage and utilities by yourself?

She is free to leave the home if you move back in, but be prepared legally to keep the children in the home. What resources do you have to hire a lawyer to start the divorce process?
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Re: She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 07, 2012 11:56 am

I have not filed for divorce. There are no other orders in effect. I do have the resources to pay the mortgage. I can hire a Lawyer. I will call her bluff and move back into the house. Thanks for the advise!
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Re: She's threatened to move out if I move back in.

Postby jamessick » Wed Mar 07, 2012 12:02 pm

Read The List, get the voice recorder going. Good luck.
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Re: She's threatened to move out if I move back in.

Postby defaultuser » Wed Mar 07, 2012 12:27 pm

I'd do this...

1. Move back in (read the List first)

2. If she takes the kids, file for divorce immediately along with an emergency motion to have the children returned to the marital home along with sole use of the home because she left.

3. Stop talking to your wife. It will not benefit you in any way. Things would be much better for you if she showed up one day and you were moved back in.
The List
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Re: She's threatened to move out if I move back in.

Postby spritom » Wed Mar 07, 2012 3:38 pm

Just want to add +1's all around...

She can always move where she wants, but where the kids live is the big issue.

Mortgage/utilities are much more minor things as the mortgage/utility companies will happily take your money.

If no divorce is filed, then there is nothing preventing her from taking (or absconding) with the children to anywhere she wants.

If a divorce is filed (for many states, also file a temporary motion or emergency temporary motion at the same time) to have the children living in "their" home.

+1+1+1 on the voice recorder!
Keep the voice recorder hidden, it's not for playing back for her. It's for preventing against false allegations in court.

Another vote to not talk with the wife on theory/trash-talk/threats/etc. Keep the talking only to immediate-practical-kid-related-things (child has teacher conference on xx-date...child left coat at friends house, etc.)

And read The List...first.
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Re: She's threatened to move out if I move back in.

Postby BMEWS » Wed Mar 14, 2012 10:18 am

Ok, I took her up on her bluff to move out if I moved back into the house. I am currently on a business trip and this morning she returned most of my personal things to my Dad's house. The threatened that if I return to the house I will be arrested for Domestic Criminal Trespassing. What should I do? We do not have a verbal or written separation agreement. Can I have her removed under the same type of order?

Thanks,
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Re: She's threatened to move out if I move back in.

Postby Anything4Her » Wed Mar 14, 2012 10:21 am

BMEWS wrote:threatened that if I return to the house I will be arrested for Domestic Criminal Trespassing.

If there is no court order, she has no cause for arrest. Keep the recorder running and simply go about your business, in YOUR OWN home. You can expect her to call the police, and they may even try to convince you to leave to keep the peace. Be polite, but firm. This is your home and there are no court orders barring you from it.
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Re: She's threatened to move out if I move back in.

Postby BartSimpson » Wed Mar 14, 2012 10:24 am

Domestic Criminal Trespass?

Somebody is making stuff up?
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