Can I evict my husband from the home that I purchased before marriage if he keeps taking the flooring out?

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Can I evict my husband from the home that I purchased before marriage if he keeps taking the flooring out?

The entire time we have been married we have been doing upgrades to the home, mostly done by my building bench seating, entertainment center, etc. My husband has had the tile taken out for about a year and a half through most of the house. He is now starting to remove flooring in the rest of the house even though I ask him not to do it. I can’t file for divorce until 4 months from now due to financial reasons. Once I file for divorce, can I have him evicted because of the removal of all my floors and the fear that he may continue?

Asked on June 24, 2017 under Family Law, Arizona

Answers:

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

Answered 3 years ago | Contributor

Until there is a formal separatin agreemnt in effect or a final decree of divocre has been entered, the home remains the "join maritl residence", no matter whose name the deed is in. Accordingly, both spouses have equal rights to possession and use of the home. That having been said, if your spouse has in some way put you in fear for your safety you can obtain a protective order which would force him to vacate the premises and stay out. Other than that , you may not be able to stop him from ripping up the flooring. However, since state laws differ as to all of this, you should speak directly to a local divorce attorney about your situation.


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