EVICTING MY WIFE

I HAVE BEEN MARRIED FOR 2 YEARS TODAY. MY WIFE AND I HAVE DECIDED TO GET A DIVORCE. SHE IS A NARCASIST. SHE WONT LEAVE THE PROPERTY AS THE HOUSE IS MINE. AQUIRED BEFORE THE MARRAIGE. SHE TOLD ME SHE HAD AN APT ON THE 1ST OF DECEMBER, THEN WAS TOLD SHE NEEDED 10 MORE DAYS. YESTERDAY SHE TOLD ME SHE HAD AN APT AND WAS LEAVING OVER THE WEEKEND. THEN SHE TOLD ME SHE WAS WAITING TO SEE IF SHE GOT THIS APT. I WANT TO KNOW IF I CAN CALL THE SHERIFF AND HAVE HER EVICTED. SHE JUST WONT LEAVE.

Please turn off the caps; it is the equivalent of shouting.

Have you filed for divorce? It's extremely unlikely the sheriff has the power to evict your legal wife just because you want her out as it is also her legal residence right now. Indeed, it's likely she has an interest in the home and any retirement or savings accounts. If you want her out, you must get the ball rolling on the divorce and do everything legally.

According to your post, it seems she wants out just as bad and is doing her best to get there. Patience. When a marriage goes down the tubes, you generally can't untie the marital bonds in a jiffy. It's a legal process.

While you are married she likely has a possessory right in your family home. Eviction likely isn't available.

Moreover, eviction isn't just calling the sheriff and asking him to boot her. The sheriff will remove people only once a court orders it.

Your remedy here is to file for divorce or separation and ask for a temporary order for possession of the home.

she has no interest in the house. i bought the house before we were married. her name is not on the house at all. she is not trying her best. all she does is lie and tell me she has a place and then all of a sudden she doesnt. she is playing me. she just wants to stay in the house in the other bedroom and use the bathroom. you have to remember she is a narcisist. i have not signed half of anything to her. she was supposed the have an apt. on the 1st of dec. then she asked if she could stay 10 more days. then yesterday she told me she had an apt. and then later in the day she said she was waiting to hear about the apt.

None of that matters.

The sheriff is not going to evict her just because that is what you want or because her name is not on the house title.

If you want her out, you convince a court to issue an order to that effect.

In the case of a spouse, that means filing for divorce and asking the court for your personal and exclusive possession of the marital residence.

Don't be surprised if she counters with her own identical request. The judge gets to decide.

"she has no interest in the house."

Says you. Just because you bought the place before you married doesn't mean anything, nor does the fact that it's titled in your name alone.

You have to understand that LA is a community property state, and unless you used pre-marital savings or inheritance to pay for it and didn't use marital income (job) to make payments, then she's got a marital interest in it. She won't get it in the divorce (unless you want to hold onto 100% of other marital assets more important to you and want to cough up the house to keep them).

Even if you did use pre-marital separate property to pay for the entire place 100% before marriage, LA law may give her a marital interest in the increase in value of the place during the marriage, if any.

All this is aside from the fact that you may not lawfully kick her out unilaterally.

"she just wants to stay in the house in the other bedroom and use the bathroom. you have to remember she is a narcisist."

One thing has nothing to do with the other and it's irrelevant anyway.

You need to talk with a family law attorney about filing for divorce/separation and filing for sole possession of the marital home pending outcome of the divorce.

"she has no interest in the house. i bought the house before we were married. her name is not on the house at all." "i have not signed half of anything to her." Makes no difference.

Why aren't you getting the ball rolling on a divorce? Until then, you can't make her leave.

You are likley to shoot yoursel in the foot to just toss yourwife--even though LA has some strange laws.

While the home started as separate property its possible it morphed into community property if community funds were used to service major debt on same --not sure what LA laws say on point.

Different issue--spouse mayhave an economic interest in home but not a title interest.

Most place the spouse has a basic right to live in the marital home--and for that matteif you abuse her (toss her) she migh t prevail on a protection order which bars you not her from home.

Odds are wife has right to live in marital home.

Now one attorney who frequently posts has opined that in my state a party holding separate title pre the marriage could toss a spouse w/o need for L-T as the spouse is not a tenant nor does she hold a title interest. Spouse would be left to debate other claims, sitting on outside, but I sure would NOT go that route without most careful counsel in your state...my guess is to toss a wife out into cold gets you instant dirty hands in eyes of court. I'll bet you sheriff won't evict as there is no process to evict spouse from home other than an order of possession( or LA equivalent) from court.

Added thought:

If you toss your wife diretly or indirectly, some judge is likley to see you as having an equitable burden to help pay for her new digs....but if she leaves under her own steam with no forve from your end that arquement has less teeth.

You might be wise to help her find new digs...?

...it's doubtful your home increased in value during your short marriage, so -hopefully- you'll owe her zero. But get the divorce before home values go up again.

"she has no interest in the house. i bought the house before we were married. her name is not on the house at all."

In most every state dower and curtsey rights still exist. That gives her a certain LEGAL interest in the property.

"she is not trying her best. all she does is lie and tell me she has a place and then all of a sudden she doesnt. she is playing me."

Then you divorce her.