Can I get my husband to leave the house?

UPDATED: Oct 1, 2022

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Can I get my husband to leave the house?

My parents own the house that my husband and I live in. I lived in it many years prior to marrying my husband. While my husband is not physically abusive, he is so mentally and emotionally. I would like him to leave as I am going to start the divorce process. I have asked him to leave but he says no. Since we do not own the house, can my parents make him leave as they are the owners?

Asked on April 7, 2019 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, your parents as owners can remove him. If you and he pay rent, they can only evict him as they could evict a tenant, which means he has to have given them some legal recognized reason to evict, like failing to pay rent when it is due, or damaging the premises.
If he is not paying rent, however, he is not a tenant but a guest; and a guest can be asked to leave (in writing) at any time, on reasonable notice (e.g. you typically need to give at least 2 weeks, and 4 is better, for them to relocate). 
In either event, your parents should retain an attorney to help both evictions (tenants) and ejectments (guests) are fairly technical, and a small mistake can force you to start over; better to have the assistance of a lawyer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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