Can one spouse evict the other after divorce if both parties are on the mortgage

Get Legal Help Today

 Secured with SHA-256 Encryption

Can one spouse evict the other after divorce if both parties are on the mortgage

Divorced over a year, husband has been living in the home and paying mortgage payment. Husband was supposed to remove wife from the mortgage and anything pertaining to the house within a year but has failed to do so. Can wife evict husband from the house?

Asked on August 3, 2018 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So I am assuming that he was awarded the house in the divorce and that is why he lives there.  And that your stipulation of settlement states that.  If he has not complied that agreement is a cotract and you have the right to sue him based upon it.  You can not "evict" him. It is not a landlord tenant situation.  Please seek legal help.  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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption