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Joined: Sep 2008
Posts: 3
Junior Member
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Junior Member
Joined: Sep 2008
Posts: 3 |
So my mother has a very controlling husband of only a couple of years. Many times he has threatened the Big D and actually filed 3 times. Now being the 4th. He says that it is all of us kids' fault and because we are all out to get him. 1st time D papers were filed she had to quit her job. 3rd she traded her car on his new camper. Now I know that mom needs to get a backbone... However... He is having a motion to vacate served to mom, took her name off the accounts(no money)... No job... and cant pay for a lawyer to fight back... Can someone please help me help my mom. There is a lot more to this story, so if there are questions please let me know.
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Joined: Oct 2007
Posts: 11,245
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Joined: Oct 2007
Posts: 11,245 |
Call United Way ( www.unitedway.org) and give them the situation, ask them to help you find pro bono lawyers in your area who will help her. They may also help her find a place to stay, etc.
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Joined: Nov 2007
Posts: 333
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Joined: Nov 2007
Posts: 333 |
I'm guessing the notice to vacate you mention is an eviction notice? I'm not a lawyer so keep that in mind but how can you evict your wife?
In Florida, if you get a three-day notice to vacate, that does not mean you have to be out of the house in three days. In Florida it means that within three days, the petitioner may be going to the courthouse to file an eviction. It takes roughly 30 days to get on the docket down here and the respondent has plenty of notice on when the hearing will be because that person is served.
Seems to me that no judge is going to let a husband evict his wife unless she is beating him and even in that case it would be an injuntion type hearing... not a notice to vacate.
How did he "take her name off the accounts" without her permission?
She should talk to a lawyer about her situation. Many lawyers take cases for free on the premise that if they win they get paid by the person who petitioned.
FBH, 39 Now a primary custody dad New life began June 2008
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Joined: May 2007
Posts: 387
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Joined: May 2007
Posts: 387 |
You definitely cannot remove someones name from a joint account without their permission. So, this is most likely a ploy by him to scare your mom. What she needs to do is check those accounts, and if there is money there, keep it safe (if he has not already done so)
FBS - 28
Status: Divorced (thankfully)
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Joined: Nov 2007
Posts: 333
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Joined: Nov 2007
Posts: 333 |
In most places you can get the United Way by dialing 211 on any land line and in some cases on cell phones.
FBH, 39 Now a primary custody dad New life began June 2008
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Joined: Sep 2008
Posts: 3
Junior Member
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Junior Member
Joined: Sep 2008
Posts: 3 |
I have contacted a few lawyers for her. This is a very small small town. One of those to where its who you know not what happenned... As far as the bank accounts are concerned he opened new ones and transferred all money.
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Joined: Sep 2008
Posts: 3
Junior Member
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Junior Member
Joined: Sep 2008
Posts: 3 |
The big problem is that she really isn't entitled to much.. He already had the house. She traded her car for their camper that is only in his name. The support she did get did go into the house however she was there too. The last lawyer I talked to told me to save my money and just buy her a pair of running shoes. That way she could run as fast as she can away from him.
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Joined: Apr 2005
Posts: 5,234
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Joined: Apr 2005
Posts: 5,234 |
As far as you know she isn't entitled to much. That's what you'd be paying the lawyer to figure out, see. Check out lawyers in the towns surrounding hers, and see if they can help you. How long have they been married?
Even though they've only been married a short while, she may still have some rights you are not aware of.
It could be that he knows the alimony laws in the state and is cutting her off before she's married to him long enough to collect. Who knows. If he shows a pattern of this, it might be something her lawyer would be interested in.
Last edited by Soolee; 09/10/08 04:17 PM.
Sooly
"Stop yappin and make it happen." "The will of God will never take you where the Grace of God will not protect you."
Me 47 DH 46 Together for 28 years. Married 21 years.
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