The facts: 1) both our names (ex and mine) are on the title and loan. 2) he is in contempt per the marital separation agreement (must refi to remove me from the title and has not) 3) has moved a woman into my house without my knowledge or consent. What are my options? Can I evict her? Can I force her to sign a lease or move out?My apologies for the spelling errors. Title should be "Can I kick my now exhusbands new girlfriend out of my house?"
Dear Alburquerque Home Owner:
I am an attorney licensed to practice law in New York, only. I do not practice law in New Mexico.
You may want to post this question again for a New Mexico attorney to answer.
If you were in New York, I would suggest you first deal with your matrimonial lawyer and your ex's default in the separation agreement (contempt is a tool used by your lawyer in the divorce court to have a judge punish the offending party disobeying the court order.)
Likely, though you cannot just kick them out from the house. Your ex is still an owner, so he has some owner rights. Even if his rights are no where as strong as yours, you likely need some form of New Mexico eviction proceeding. You could check here to see if this helps:
In any case, you will need a lawyer. Good Luck.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
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