How do you legally evict a squatter, even if he is your spouse?

UPDATED: Sep 30, 2022

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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do you legally evict a squatter, even if he is your spouse?

I want to file for a divorce but my husband refuses to leave the resident. My mother and I pay all of the bills, including taking care of our twin daughters. I was told that I cannot file until we have been living in separate houses. So in the meantime,how can I evict him if he refuses to leave?

Asked on September 30, 2016 under Family Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't evict him if this was the home that you and he lived in as husband and wife: one spouse may not evict the other from the marital residence. You could move out, of course; or if your mother owns the home, you could evict both of you, since the owner of a home can remove an unwanted guest (someone who is not a rent-paying tenant), though to remove a guest, you need to file an action "for ejectment" (eviction for nontenants), which is somewhat more complex than evicting a tenant--the help of a lawyer is advised. But again, you as a spouse cannot remove your spouse from the marital home.

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