How do I get my wife out of my house?

UPDATED: Oct 1, 2022

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How do I get my wife out of my house?

The house is in my name. I informed her that I want out of the marriage and to separate immediately. She said fine. I offered to transfer the house to her name or pay her 1st months rent on any place she finds. She has made no moves. I have moved out and she has stayed that she will not pay the mortgage and instead

intends to stay until the house goes into foreclosure effectively ruining my credit. Do I have any options?

Asked on January 9, 2019 under Family Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to remove her would be to file a divorce case and seek a court order that she has to move out (or at least pay the mortgage, etc.). That order can be sought, given the urgency (i.e. you need to resolve this soon, to avoid foreclosure) on an "emergent" (think: "urgent" or "emergency") basis to get into court quickly. Only with a legal case does the court have power over the situation, and only a court can order her to move or pay.  Consult with a family or matrimonial law attorney to understand what is involved.

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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