How can I get my husband out of the house if I want a divorce but will take a separation?

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How can I get my husband out of the house if I want a divorce but will take a separation?

I want him out of the house in which I pay all bills and only I am on the lease but we are married. He doesn’t want to leave.

Asked on November 18, 2012 under Family Law, Arkansas

Answers:

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

Answered 9 years ago | Contributor

Your husband has the same rights to the premises as do you; this is true regardless of whose name is on the lease or who pays the bills. The reason is that the house is considered to be the "marital residence". Accordingly, the noly way to legally remove him is if you have: a legal separation agreement that gives you the exclusive use of the premises; a court order which prohibits your husband from entry (e.g. a protective order); or a final divorce decree is issued which awards you occupancy of the house.

Note: If you feel that your safety is at risk, you can contact the police and have him removed immediately.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that the vbest way to try and resolve the issue that you have written about is to consult with a family law attorney experienced in "spousal evictions" to discuss what your options are and what the legal recourse is to get your spouse out of the home.


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