How can I kick my husband out the home?

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How can I kick my husband out the home?

My husband has started using drugs again and he gets very mean and verbal and I am tired of living this life and I don’t want to leave my home I want him to leave.

Asked on May 4, 2017 under Family Law, Louisiana

Answers:

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

Answered 6 years ago | Contributor

Typically, until a divorce is final or there exists a legal separation agreement that states which spouse has the rights to the exclusive use and possession of the home, it remains the "joint marital residence". This means that both spouse's have an equal right to live there; no matter whose name is on the deed or lease. That having been said, if you are in fear for your safety, then you can go to court and get an order of protection. At that point, your husband will either have to leave on his own or he can be removed by the police. Right now, you should consult directly with a divorce attorney who can best advise you further.


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