If I want to have my spouse move out of my house, is there a way I can get him out or am I stuck?

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If I want to have my spouse move out of my house, is there a way I can get him out or am I stuck?

The house is in my parents names and there is no rental contract with his name on it.

Asked on September 16, 2015 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

One spouse can't force another spouse to move out of the marital home while still married, regardless of who owns it. You would have to divorce him to force him to live separately from you.
Alternately, your parents could force you both out, by filing an "action for ejectment." Once you are both gone, they could let you and only back into their home, though it should be their home--the one they themselves live in. They can't be made to take him into their own personal home.


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