If I want my husband out, can I just call the police to remove him if he is not on the lease?

I rent an apartment; my husband is not on the lease. He does reside here with me and our children. I want him to move out; do I need a court order?

Asked on December 28, 2010 under Family Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

Unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the exclusive right and possession to the apartment, there really isn't anything that you can do.  At this point, the apartment is still considered to be the joint marital residence, regardless of whose name is on the lease.  Right now you should speak with a divorce attorney in your area directly.  Once temporary orders are issued, things will be different.  And whatever you do, do not be tempted to use a little self-help such as putting her things out in the street or even into storage.  There could be both criminal and civil penalties if you do.

Note:  If he puts you in fear for your personal physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the premises. 


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