What can I do if I own the house that my husband and I shared and he doesn’t move out?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I own the house that my husband and I shared and he doesn’t move out?

When he decided he wanted a divorce, I let him stay temporarily in the house and I got an apartment because his business was operated in the garage. I am putting the house on the market and asked him to be out by the end of next month. If he doesn’t leave, can I evict him?

Asked on November 24, 2015 under Family Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can't evict him unless you have divorced already and the house was left/given entirely to you: if you are not divored yet (even if you are in the process), you can't remove him, because you can't remove a spouse from the marital home; and you also can't remove someone on the home's title from the home. So only if you are  no longer married and the house is only in your name may you remove him.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption