If I want my husband out, can I just call the police to remove him if he is not on the lease?

UPDATED: Dec 28, 2010

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If I want my husband out, can I just call the police to remove him if he is not on the lease?

I rent an apartment; my husband is not on the lease. He does reside here with me and our children. I want him to move out; do I need a court order?

Asked on December 28, 2010 under Family Law, Georgia


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

Answered 12 years ago | Contributor

Unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the exclusive right and possession to the apartment, there really isn't anything that you can do.  At this point, the apartment is still considered to be the joint marital residence, regardless of whose name is on the lease.  Right now you should speak with a divorce attorney in your area directly.  Once temporary orders are issued, things will be different.  And whatever you do, do not be tempted to use a little self-help such as putting her things out in the street or even into storage.  There could be both criminal and civil penalties if you do.

Note:  If he puts you in fear for your personal physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the premises. 

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.

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