If I bought the house before we were married, can I kick my husband out?
Question Details:
The mortgage payments have come out of my husband's bank account but the house is solely in my name.
I assume you are going through a separation or divorce. Unfortunately, your husband has an interest in the house that will require a court order to remove him. Moreover, because he pays the mortgage, in a divorce, he may be entitled to his share of the increase in the value of the house.
Nevertheless, at this point, if you are thinking about divorce/separation you can request sole possession in the house because it is a premartial asset. The court will most likely require him to move out. However, again, in the division of marital assets, you may have to pay his share of the increased value in the house.
It would have been easier if you paid the mortgage and improvements to the house. However, most time, it just doesn't happen that way after a couple gets married.
