How do I evict my spouse from the home?

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How do I evict my spouse from the home?

I am needing a divorce from my spouse. The home we live in I had for 2 years before he lived here. I know it’s his residence but It is in no way marital property. It’s mine. His name is nowhere in it.

Asked on October 27, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Filing for eviction is not the usual remedy for getting rid of an unwanted spouse.  But you can file the divorce equivalent.  File your divorce petition and immediately ask for temporary orders which grant you exclusive use of the residence.  You'll have a stronger grounds than some spouses in that this is your seprate property.  If you want him out because of abuse, you can also seek a protective, which will have the same effect as temporary orders. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you want your soon to be "ex" out of the home that you have legal title to, I suggest that you consult with a family law attorney to see what legal recourse you have with respect to filing the petition for the dissolution and getting your spouse to vacate your home. I suspect that once you tell him that you want a divorce he might get the hint an simply want to move out.


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