How can I get my spouse out of the house?

He refuses to leave.

Asked on January 19, 2013 under Family Law, New Jersey

Answers:

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

Answered 7 years ago | Contributor

Unless the divorce has been finalized, a formal separation agreement has been entered into or temporary orders have been issued any of which give you the exclusive right and possession to the house, you can't legally demand that your husband leave the house. The fact is that at this point, it is still considered to be the joint "marital residence". This is true no matter whose name is on the title or mortgage. Right now you should speak directly with a divorce attorney in your area. Once temporary orders are issued, things will be different. Be aware that if you attempt any type of "self-help" such as changing the locks, etc. you could be sue for unlawful eviction. Additionally, this could hurt you in the divorce proceedings.

Note: If you claim that he has put you in fear for your physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the house. However you did not indicate this to be the case.


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