If I want my husband out of my apartment, do I have to evict or just ask the police to remove him?

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If I want my husband out of my apartment, do I have to evict or just ask the police to remove him?

After being separated for 4 years out of the past 10 years of out marriage, my husband just moved here to GA 3 months ago. Since he’s been here he has committed infidelities and we are now getting a divorce. He is not on the lease and I’ve been asking him to leave for the past 3 weeks however he refuses. We have already signed the papers and filed for an uncontested divorce. Do I have to evict him or can I just call the police to have him removed?

Asked on March 28, 2011 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Even if he's not on the lease, he's someone you allowed to live there (e.g. he's not a trespasser"). Since you had allowed him to live there, in order to evict him, you'll have to go through the eviction proceedings. As a general matter, in almost every case not involving something like criminal trespass, it's necessary to use the courts to evict someone--the law frowns on any other kind of eviction, and if you do matters incorrectly, you could find the courts then ordering that you allow him back in. It's much better to do things right the first time, which means that you also really should retain an attorney to help you--it will be worth the expense, to avoid having the eviction fail or be undone later.


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