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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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