How do I legally get my husband out of my home?

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How do I legally get my husband out of my home?

How to get husband to leave home? Home in wife’s name before marriage. Married 9 months.Llived together 6years. 4 year old daughters involved. Infidelity on his behalf.

Asked on October 9, 2010 under Family Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

Are you in the process of a divorce? If so, unless the divorce has been finalized or you have gone to court and temporary orders have been issued giving your the right to the house, there really isn't anything that you can do.  At this point, the house is still considered to be the joint marital residence (this is true even if the house is inn your name and will most probably be awarded to you).  You should speak to your attorney or the court about this. And whatever you do, do not be tempted to use a little self-help such as changing the locks or throwing out your husband's belongings.  You could find your self facing civil/criminal penalties for doing so. 

If yo are not in the process of a divorce,  if he has put you or your child in fear for your safety, then you may be able to apply for a protective order which would result in his being removed from the home and prohibited from re-entry.


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