Can I get my husband to leave the house?

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Can I get my husband to leave the house?

My parents own the house that my husband and I live in. I lived in it many years prior to marrying my husband. While my husband is not physically abusive, he is so mentally and emotionally. I would like him to leave as I am going to start the divorce process. I have asked him to leave but he says no. Since we do not own the house, can my parents make him leave as they are the owners?

Asked on April 7, 2019 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, your parents as owners can remove him. If you and he pay rent, they can only evict him as they could evict a tenant, which means he has to have given them some legal recognized reason to evict, like failing to pay rent when it is due, or damaging the premises.
If he is not paying rent, however, he is not a tenant but a guest; and a guest can be asked to leave (in writing) at any time, on reasonable notice (e.g. you typically need to give at least 2 weeks, and 4 is better, for them to relocate). 
In either event, your parents should retain an attorney to help both evictions (tenants) and ejectments (guests) are fairly technical, and a small mistake can force you to start over; better to have the assistance of a lawyer.


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