My "dh" is about to be broke and homeless and I don't care...... new update
So I just found out "DH" has been cheating. I noticed that there were a LOT of text msg for a number I didn't know so I went to the cell phone store and had them print it out. Sure enough it was between him and so chick talking about having sex and things they did together and dirty pics they sent each other.
I live in the home that used to be my dad's. He passed away and left the house to me, it's in my name and me and "DH" have only been married 5 years so he has no legal claim to the house. He has no access to the savings account and I will get my paycheck tomorrow or Tuesday and that is going into a new account of my own. There was about $3,000 in the checking account. I spent it on gift cards that I can use later for groceries or clothes for me and the kids or whatever else we need.
We have one child and I am pregnant. I had my mom take the child we have overnight so she won't be here when he comes home and finds that the locks and the garage door code had been changed. I have the paper work proving that the house is mine and mine alone in case he calls the cops or I have to call them and I have to prove it.
I was nice enough to pack all of his personal stuff: clothes, video games, pictures and put them on the from porch with a note telling him to move in with his whore, I also put a copy of the text msges on top. Since I am the account holder on our cell phone plan, I will probably call and have his phone shut off too.
Does all of this make me a bitch, maybe but I'm a bitch you don't screw with.
I did talk to my friend who is a family law attorney who told me that if I do all of this, there is nothing he can do about any of it. And I am filing for divorce tomorrow. Also, I have a 401K, he doesn't but since we haven't been married 10 years yet, he won't get any of it.
He came home and started banging on the door. I told him through the door that I know about the affair and I am done and that he needed to go away. He called the police and they came out. They asked to see proof that it is my home and I showed them the paperwork. They told him that I was correct that legally, it is my home and I don't have to let him stay. They said if he feels that he hasn't gotten all of his personal stuff (stuff that belongs just to him) he can arrange for a police escort to come in with him and get his stuff but even he said that it looks like I gave him everything of his. I left $350 in the account for him to use and I took my name off of the account (so if he chooses to overdraw it that won't be my problem).
As far as the comments about how I got the text messages, I don't know what to tell you. I got them and I know my mom was able to get them when she was going through a divorce and when she wanted to check up on my brother, who was 16 at the time. Now maybe some states legally let them release them to the account holder without any kind of court order and some don't, that's the only thing I can think of. I can tell you that they had to bring the manager to get them for me and I had to prove who I was but it wasn't that hard. Maybe it's because I was at the main store for the area? Anyway so that's what is going on. I am aware that he can take me to civil court for kicking him out with no notice but, as I understand it, under certain circumstances you can do that, I am sure a cheating spouse would be one of them. If not, I would rather pay him some money later then have him stay in my home another night.