How can I get my spouse out of the house?

UPDATED: Jan 19, 2013

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How can I get my spouse out of the house?

He refuses to leave.

Asked on January 19, 2013 under Family Law, New Jersey


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

Answered 10 years ago | Contributor

Unless the divorce has been finalized, a formal separation agreement has been entered into or temporary orders have been issued any of which give you the exclusive right and possession to the house, you can't legally demand that your husband leave the house. The fact is that at this point, it is still considered to be the joint "marital residence". This is true no matter whose name is on the title or mortgage. Right now you should speak directly with a divorce attorney in your area. Once temporary orders are issued, things will be different. Be aware that if you attempt any type of "self-help" such as changing the locks, etc. you could be sue for unlawful eviction. Additionally, this could hurt you in the divorce proceedings.

Note: If you claim that he has put you in fear for your physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the house. However you did not indicate this to be the case.

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.

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