Legal Question in Family Law in Michigan
tossing her sister out.
my wife has a ppo against me and she is in the house we co-own (both of our names are on the mortgage). since I was tossed out (by the cops), her sister has moved in. she by the way is going thru a divorce also. is there a way to get her out of the house? her sister is egging her on in the situation, by telling her things to do (i.e. draining the joint bank account and putting into an account with out my name, etc). do I have a say as to who is in my house, even though I am not there? by the way my 2 kids (10 months and 4 years old) are with her, too. I feel that her sister is a threat to my kids....
2 Answers from Attorneys
Re: tossing her sister out.
Greetings; First, I must assume that your spouse has filed for divorce. If this is not true, then my answer would be different. With an open divorce case, the judge decides who lives where. So, you need to contact your attorney and have him file a motion for the relief you believe is appropriate. If your arguments convince the judge that you are correct, he will grant your requests. I suggest that you do not delay. The longer this situation exists, the less likely the judge will be to change it. Good luck. Atty. Trichler; www.trichler.com
Re: tossing her sister out.
Hello, I have received a copy of your e-mail. The answer to your question depends on whether either you or your wife has filed for divorce. If a divorce suit has been filed, then the divorce judge can review the situation and make an appropriate ruling. The odds of being successful are somewhat limited if the PPO issue has not been resolved in your favor. If a divorce suit has not been filed, then the answer will be found in real property law. Either owner has the authority to allow a "visitor" to come and stay at the house. If you would like further information, please feel free to call my office. John C. Talpos (http://www.Mich-Lawyer.com)
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