How can I get my husband to leave the house?

UPDATED: Aug 13, 2011

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How can I get my husband to leave the house?

I am in the process of a divorce and my husband will not leave the house. Both of our names are on the mortgage and the deed and he says I cannot make him leave. He has never made a payment and though this is his legal residence he has not paid a single bill in the past 4 months. I need to know how and if I can get him to leave?

Asked on August 13, 2011 Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The general rule is that both parties have equal rights to occupy the "marital home". That is unless a divorce has been finalized, there is a legal separation agreement regarding who has exclusive use of the premises, or a court has issued temporary orders regarding possession. And this has nothing to do with whose name the house is in or who pays the mortgage, etc.

Note: If there is an immediate danger that is putting you in fear for your safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue an order of protection.

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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