If the house is in my name and the mortgage was taken out before we were married, am I entitled to ask mu husband to leave?

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If the house is in my name and the mortgage was taken out before we were married, am I entitled to ask mu husband to leave?

He is soliciting for sex online with nude pictures. I have reason to believe that he is forging my signature and is selling belongings and I also think he that has a drug addiction because he has in the past. I have 2 kids with him and am currently on maternity leave. The house is in my name and the mortgage was taken out before we were married. However, I am temporarily staying with family in order to protect the kids from his lewd and lascivious conduct.

Asked on June 23, 2016 under Family Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can ask your husband to leave, even if his name was on the deed and the mortgage.  However, often, law enforcment will not enforce the request without some type of court order.  If you are eligible for legal services or legal assistance, ask them to help you get a temporary order which grants you exclusive use of the home until you can finalize a divorce from your husband.  Even if you think you may want to work on the marriage, you can get the temporary orders now and dismiss the divorce action if/when you feel he has adequately delt with his addiction issues.


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