How can I get my husband out of the house?

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How can I get my husband out of the house?

My husband wants out of the marriage. We have a house together and both names are on the deed. Only my name is on the mortgage. He is not contributing equal share towards mortgage, just whatever he may have that month. He says he does not have to leave and refuses. He wants me to pay the bills while he continues to stay in the house. Do I have any legal grounds to get him out of the house?

Asked on August 18, 2011 Georgia

Answers:

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

Answered 10 years ago | Contributor

Unfortunately your husband is right.  At this point the house is considered to be the "marital residence" and accordingly both parties have equal rights to possession. This is true no matter whose name is on the deed. 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 consult to directly with a divorce attorney in your area. They can best explain your rights to you.


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