How can I get my husband to leave the house?

UPDATED: Nov 29, 2011

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How can I get my husband to leave the house?

He refuses to leave and I can’t live with him so I moved out but the mortgage and all other bills are in my name. Is there a way that I can move back in and have him leave to protect my credit?

Asked on November 29, 2011 under Family Law, Florida


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

Answered 11 years ago | Contributor

The general rule is that both parties have equal rights to possession, regardless of whose name is on the deed and/or mortgage. That is unless:

  • a divorce has been finalized;
  • there is a legal separation agreement regarding who has exclusive use of the premises; or
  • a court has issued temporary orders regarding occupancy.

Note: If there is an immediate danger that is putting you in fear for your safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue temporary orders.

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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