I owe the property husband wouldn’t leave so my children a I did

UPDATED: Oct 1, 2022

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I owe the property husband wouldn’t leave so my children a I did

My 2 kids and I had no choice but to
leave out home. The father wouldn’t
leave .There father does nothing in the
home. He gets SSI pays no bills cheated
on me comes and goes when he wants.
Believered he may be doing drugs. He
pays no child support because of his
SSI. I need help with finances because
our oldest is going to collage next year
and the 13 year old will be going in 8th
grade. I need to sell the property his
name is no place on the title all in my
name. I pay the property taxes bills in
his name and he don’t pay them. Can I
serve him a 30 day eviction

Asked on May 8, 2019 under Real Estate Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you and he are married, you can't evict him from the marital home: spouses can't be removed from the marital home while still married (they can voluntarily leave, but can't be forced to go). You can divorce him; in the divorce, the court will determine who gets to live where; who gets what assets (e.g. ownership of, or a share of equity in, the house, or money in the bank); who has to pay support (alimony) to whom; child custody; and can make the non-custodial parent pay child support to the other. Based on what you write, filing for divorce right away would be the thing to do, if you are married.
If you and he are not actually married and you own the home, you can remove him: a non-married romantic partner or parent of your children has no rights to live in property you own against you will. You would bring a kind of legal action traditionally called an action "for ejectment," which can be thought of as eviction for non-tenants (people not paying rent to live there).
In either event, consult with an attorney: a family law attorney for a divorce, or a landlord-tenant attorney (they also do ejectments) to remove him if not married.

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 AttorneyPages.com 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.

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