What canI do if I have asked my husband to leave and he refuses?

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What canI do if I have asked my husband to leave and he refuses?

The house belongs to me (his name is not on it). He refuses to help pay for any bills and refuses to leave. He is saying that the house is considered community property. Even though his name is not on the house. Do I have any recourse to make him leave?

Asked on September 2, 2010 under Family Law, Utah

Answers:

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

Answered 11 years ago | Contributor

First of all, whether or not the house is community property is  not for your husband to decide; it is a matter for the court to determine. And it will do so in your property settlement.  Until then, unfortunately, the house is considered to be the marital residence. Absent a separation agreement or other like legal determination addressing who has the right to occupancy, your husband doesn't have to leave the house until the divorce is concluded.

Note:  If he is putting you in fear for your safety, you may be able to obtain an order of protection (or your state's equivalent) and have him removed from your home.


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