How do I get my husband out of my house?

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How do I get my husband out of my house?

I purchased my home together with my ex-husband, long before current hubby came into my life. Never changed the deed/loan. My current hubby is a professional con-man and scammed me to the bitter end. We separated a year ago. He moved and later was evicted. He then moved to his brother’s home. Then 2 months ago he showed up late at night, drunk and without a ride. He begged sleep on my couch for the night. He swore he would be gone before I woke the next morning. I was sick that week with the flu. He never left and has since moved his teen in too. She has helped herself to my child’s clothes, etc. He’s says that he can stay since it the marital residence.

Asked on August 15, 2011 Maryland

Answers:

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

Answered 10 years ago | Contributor

I'm afraid that your husband is right. No matter whose name is on the deed, at this point the house is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However all that can change if: a final divorce decree is issued (since its your separate property the house would be awarded to you); a legal separation agreement is executed (and it gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for his removal from the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your  rights and remedies to you.


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