Can I evict my wife from the home?

UPDATED: Aug 25, 2011

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Can I evict my wife from the home?

I have been physically separated from my spouse for 10 months. She kept the mortgage current. She recently stop making payments. I am the only person on the mortgage because of her bad credit. She refuses to communicate with me to try and resolve getting my name off the mortgage. What can I do to protect my credit?

Asked on August 25, 2011 North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with a divorce or family law attorney. The short answer is, you probably *cannot* evict your wife if she is an owner of the home (e.g. she's on the title; it's owned jointly), because if she is, she has as much right as you to occupy it. (Note: the issue is not the mortgage, but the title.) Even if the home is not in her name, too, it is generally very difficult to evict a spouse, even a separate one, in the absence of some agreement about residence, paying rent, etc. You will likely have to divorce her, not just physically separate, in order to both disentangle your credit from hers and get some resolution in regards to the home. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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