Can a wife evict a husband if both names are on the mortgage?
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Can a wife evict a husband if both names are on the mortgage?
Wife’s name is first on the note but the husband has been making all the payments.
Asked on May 2, 2011 under Family Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, she cannot do this. Unless they are legally separated and the agreement states who has the right to exclusive possession and control of the premises, both spouses are viewed to be the legal occupants of the house. This is true regardless of whose name that the title is held in, whose name is on the mortgage, or who is paying it. Until the divorce is final (or a legal separation agreement is in effect), the house is still considered to be the lawful marital residence so each spouse has a right to live there. Therefore, no measures should be taken to put the other spouse's out, such as changing the locks or removing their belongings. To do so would constitute both a civil and criminal offense.
Note: A court order for could be issued immediately to put a spouse out of the house if they put the other spouse in fear for their safety.
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