If my husband is refusing to leave my mother’s house and he is verbally abusive to me, how do we get him to leave?

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If my husband is refusing to leave my mother’s house and he is verbally abusive to me, how do we get him to leave?

I want to know if my mom evicts him how will that affect a divorce?

Asked on August 18, 2011 South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the house is your mother's, she may be able to evict him. If he's paying rent in any form (including regularly helping with mortage, utility, bills, etc.), he's a tenant, but could still be evicted after 30 days notice if there's no lease, or if he fails to fulfill his obligations. If he's  not paying anything, he's probably a guest, not a tenant, and can still be evicted after the proper notice. The best way to handle this is for your mother to go to an attorney, one who's done landlord-tenant work, and have him or her determine and act on the proper procedure. The short answer is, though, that if it's her house and he does not own part of it, she can get him out.

As to the impact on a divorce--there is no short answer, since the context is everything. Evicting a spouse who is provably verbally abusive to an innocent spouse and a parasite (doesn't contribute) is different from evicting one who's not abusive (some arguments or disagreements aren't necessarily abuse), or who's spouse is not herself innocent, or who does contribute to the household. You should consult with a family or divorce law attorney, who can evaluate the situation for you and advise you as to the likely impact.


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