How do you legally evict a squatter, even if he is your spouse?

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How do you legally evict a squatter, even if he is your spouse?

I want to file for a divorce but my husband refuses to leave the resident. My mother and I pay all of the bills, including taking care of our twin daughters. I was told that I cannot file until we have been living in separate houses. So in the meantime,how can I evict him if he refuses to leave?

Asked on September 30, 2016 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't evict him if this was the home that you and he lived in as husband and wife: one spouse may not evict the other from the marital residence. You could move out, of course; or if your mother owns the home, you could evict both of you, since the owner of a home can remove an unwanted guest (someone who is not a rent-paying tenant), though to remove a guest, you need to file an action "for ejectment" (eviction for nontenants), which is somewhat more complex than evicting a tenant--the help of a lawyer is advised. But again, you as a spouse cannot remove your spouse from the marital home.


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