How can I get my husband to leave the house?

He refuses to leave and I can’t live with him so I moved out but the mortgage and all other bills are in my name. Is there a way that I can move back in and have him leave to protect my credit?

Asked on November 29, 2011 under Family Law, Florida

Answers:

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

Answered 8 years ago | Contributor

The general rule is that both parties have equal rights to possession, regardless of whose name is on the deed and/or mortgage. That is unless:

  • a divorce has been finalized;
  • there is a legal separation agreement regarding who has exclusive use of the premises; or
  • a court has issued temporary orders regarding occupancy.

Note: If there is an immediate danger that is putting you in fear for your safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue temporary orders.


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