How can I kick my husband out the home?

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

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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