How can I get my husband evicted from my home?

UPDATED: Sep 30, 2022

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How can I get my husband evicted from my home?

My property is heired from my parents to me. When deeded to me I put his name on it bad mistake. There is no mortgage involved. I need him evicted because he is controlling, aggressive, anger, and mentally and verbally abusive. He let me know ‘that the only way he’s leaving is if the police take him out of here.’ I need legal advise on how to get this done.

Asked on March 15, 2016 under Family Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't get him out while you are married:
1) One spouse cannot evict the other from the marital home;
2) One owner cannot evict another owner--and if he's on the deed, he is an owner.
If you divorce him, though, issue 1) goes away. And during the divorce, you can agree to or the judge can order a distribution of property that removes him or lets you buy him out, which takes care of issue 2).

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