How can I get my husband out of the house?

UPDATED: Aug 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

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 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 lock Secured with SHA-256 Encryption