How can I evict my husband from my home if his name in on the rental agreement?

Asked on January 10, 2013 under Real Estate Law, Georgia

Answers:

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

Answered 8 years ago | Contributor

Actually you can't, regardless of whose name is on the lease. At this point, your home is still considered to be the marital residence. You can only "evict" your husband if and until you execute a formal separation agreement, a court issues a final divorce decree, or there is in effect another court order that directs that you have the exclusive use and possession of the rental premises.

Note: If he has put you in imminent fear for your safety, then you can have him immediately removed by the police. Otherwise, you can ask or an order or protection which will prohibit his entry onto the premises.


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