If my dad is filing for divorce from his wife tomorrow, can he then have her removed from the house?

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If my dad is filing for divorce from his wife tomorrow, can he then have her removed from the house?

He is the sole owner of the house and has been since prior to the marriage. He owned it for over 10 years prior to the marriage and it remains solely in his name. After he files, is he able to contact the police and have her removed from his home. They have no children together.

Asked on August 30, 2015 under Family Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, he can NOT remove her from the home. One spouse may not remove another spouse from the marital home--the place where they lived as a married couple--even if the home is solely in his name though if it's solely is and predated the marriage, he should get it in the divorce. They will have to live together in the home, unless one or the other voluntarily moves out, until the divorce is complete, they are no longer married, and the property/assets distributed. And by the way the police do not eject people in any event even if she had just been his girlfriend, not his wife, if she did not leave voluntarily, since she had been allowed to live there but was not a rent-paying tenant, he would have had to file an action for "ejectment" in court and get a court order removing her.


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