Legal Question in Family Law in Nevada
Is there a way to "evict" (per se) a "husband" (he is technically supposed to be 'ex husband' but he wont sign the divorce papers...) from a Community Property State?
Story:
A friend of mine owns a house which I want to move into. It's beautiful horse property and as I work as an animal trainer - the setup is PERFECT. Her father built the house, and as such, it's in her name, and her name ONLY and has been since BEFORE the marriage. However, John (enter crazy ex husband) wont leave. He's been there for several years rent/mortage/tax free.
I want to move in around August and we are wondering if there is any way to "legally" evict him - or if there's anyway t oget him out of the house PERIOD.
Details:
John is a legitimate balls-to-the-walls psycho. We are worried that if we evict him in any way, he will retaliate.
He is a sharpshooter for the military (or was. He was dischargd because he is terminally ill.) However, we have recieved MANY death threats from him (e.g. "If you try to do something, they'll never find your body") kind of stuff. A little scary...
He was a former steriod abuser (non prescription) I'm not sure if he still does..he does appear very sick as of late.
The owner of the house has been going through the divorce for about...3 years now (give or take some.) He refused to sign the papers at first, and then ,second, keeps dragging the case on and on with bogus details (he claims we stalk him, steal from him, or "sneak around the house at night") He's very paranoid. And VERY dangerous. We never ever go near the house. Ever.
He has caused a lot of damage to the interior of the house. It will cost a lot to repair.
The owner of the house is on the verge of losing it, because of 3+ years of zero money being paid to the state. The Bank is willing to cut her a deal to save the house and lower her monthly payments. If she takes it, we just run into the problem of John.
Is there a way to get him out? Any hope at all?
1 Answer from Attorneys
I suggest that you have the bank have the Sheriff evict John, and complete the deal for re-fi and rehabilitate. That way you are not on the direct "firing line" for the eviction (it would be a good thing for you to notify the agency doing the evicting that the tenant is nuts). If that does not work, you can move for exclusive possession through a divorce action in the district court, with the same end result.
As to the domestic action, you can complete a divorce without cooperation from the other side. See http://www.willicklawgroup.com/divorce; http://www.willicklawgroup.com/preliminary_matters_motions; http://www.willicklawgroup.com/uncontested_divorce.
Given what you've said about the would-be ex, also carefully review the materials at http://www.willicklawgroup.com/domestic_violence.
Feel free to look through the resources on my law firm's web site, at http://www.willicklawgroup.com/home.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.
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