QUESTION
Can I kick my husband out of the house before the divorce?
Asked on Aug 23rd, 2012 on Divorce - Florida
More details to this question:
The property and the house we live in are not in either of our names but a relative of mine. We have been living here for almost 4 years. That relative stays in a different house on the same property. My soon to be ex-husband is abusive. He has not hit me in a month. He pays no bills. He breaks things in the house, doors, cabinets, et cetera. Kept a job for 6 months over the last 4 years and then still did not pay any bills. We have a son and he is cruel to him. He has been divorced twice before and treated them the same way. I have paperwork from his other divorces stating these facts. A truck and two motorcycles are the only things we share names on the title for and I plan to give them to him even though I paid for them all myself. I have an upcoming appointment with a lawyer. I want him out of the house as soon as possible. I plan on getting a protective order through the lawyer or putting him in jail if he hits me again before then. He may become hostile when I tell him to get out. I planned to have friends and family around to ensure the safety of my son, the property and myself. Local law enforcement has been informed. They will be informed again on the day I tell him to leave. Everything he owns and the vehicles will be given to him on the day I tell him to leave. I would prefer to have him gone before and during the divorce process rather than waiting for the lawyer to get all the paperwork hashed out. I hope this is enough information. I am tired of my son and I mistreated and I need to know that if I tell him to leave that he cannot legally return to the property.
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Go file for an ex parta order of adult and child protection.
Answered on Aug 27th, 2012 at 4:20 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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I would try to get a restraining order. If he hits you have him arrested. Listen to your lawyer.
Answered on Aug 24th, 2012 at 1:15 AM
1 Award
Your relative should be the one to kick your spouse out. If he did not sign a lease, he could call the police should he refuse to leave.
Answered on Aug 24th, 2012 at 1:14 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You must file for a restraining order and get a judge to order him to move due to the violence.
Answered on Aug 24th, 2012 at 1:14 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can't force him to leave. You can go to court for a protection order that would order him out of the house. When this is done on an (emergency) ex parte basis, he will not be able to return to the house. Depending on the circumstances, you may not need to inform him of the ex parte hearing before hand if this would put you or your child into danger. The sheriff would serve him and the order would prevent him from being in the house or returning to it. The issue of what he gets from the divorce will be addressed at a later date.
Answered on Aug 24th, 2012 at 1:14 AM
Suzanne H. Lombardi
In Alaska based upon the information you have provided the best way to get your husband out of the house before a divorce is there is abuse is to get a protective order. If for some reason this is not granted you can file what is called an Expedited Motion for Interim Possession of the Home so that the court looks at the motion quickly and you ask to be awarded possession of the home. If you have an attorney already he or she should be assisting you with these options. If you are not pleased with your attorney it would be best to get another one soon so as to get your goal of removing your husband from the home.
Answered on Aug 24th, 2012 at 1:14 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Yes. Ask the court to order him to vacate when you ask for temporary orders prior to the end of your divorce.
Answered on Aug 24th, 2012 at 1:12 AM
Leonard A. Kaanta
You need to get a protective order.
Answered on Aug 24th, 2012 at 1:12 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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You can't just tell him to leave. Have the owner give him an eviction notice.
Answered on Aug 24th, 2012 at 1:12 AM
Steven D. Dunnings
Try to get a Personal Protection Order (PPO).
Answered on Aug 24th, 2012 at 1:12 AM
Todd H. Nye
If you obtain a personal protection order (which you should try to get) he will normally be out of the house if granted. If he is arrested for assaulting you again (and the assault a month ago is reportable, a crime, and the police and prosecutor should actually act on that alone) then he will be out of the house as a condition of bond. Otherwise, your attorney may be able to obtain an emergency order or an order after a hearing in a few weeks in the divorce case for removal from the home; that is up to the family court judge, but normally, if there is violence or destruction of property, then a family court judge may very well grant such an order in the divorce case. In addition to your attorney, you should check for a woman's group in your area that advocates for abused persons, and they can help you with the criminal complaint or personal protection order.
Answered on Aug 24th, 2012 at 1:11 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, a domestic violence civil protection order should take care of this issue. Please check with your lawyer.
Answered on Aug 24th, 2012 at 1:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, and under the circumstances related, quite good. You should speak with you lawyer about all of you plans. To get him out you will need a court Oder unless he goes voluntarily. Good luck.
Answered on Aug 24th, 2012 at 1:11 AM
If the house does not belong to you, than YOU cannot kick him out. Kicking him out sounds like a civil matter between your husband and the owner of the house. Good luck.
Answered on Aug 24th, 2012 at 1:10 AM