What can I do if I own the house that my husband and I shared and he doesn’t move out?

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What can I do if I own the house that my husband and I shared and he doesn’t move out?

When he decided he wanted a divorce, I let him stay temporarily in the house and I got an apartment because his business was operated in the garage. I am putting the house on the market and asked him to be out by the end of next month. If he doesn’t leave, can I evict him?

Asked on November 24, 2015 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't evict him unless you have divorced already and the house was left/given entirely to you: if you are not divored yet (even if you are in the process), you can't remove him, because you can't remove a spouse from the marital home; and you also can't remove someone on the home's title from the home. So only if you are  no longer married and the house is only in your name may you remove him.


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