Can I kick my husband out of the house if I bought it?

Question

He has a bad temper and I do not know what he will do.  We have been married less than 100 days and he has only contributed $400 since we have been married.  I am considering for a legal separation.  I am going through hell!

Melvin Franke · Answer

Hire an experienced divorce attorney.

Steven Alpers · Answer

You need an immediate kick out order.  File for divorce and separation and ask for emergency orders.

Cathy Cook · Answer

No, you cannot put him out because you bought the house.  The house is the marital residence, and you both have a right to be there until a court says otherwise.  To get him out, you will have to file a motion with the court for exclusive use.

George Seide · Answer

A legal separation is not a divorce. It can only be obtained if both parties agree. If no agreement then it is a dissolution.  If the house is in your name and he won't move out, you can file for dissolution and ask the court to order him to move.  The threat of violence is very helpful.  Otherwise you will have to try to evict him through an unlawful detainer action.

Glenn Tanner · Answer

On a temporary basis, the "ownership" of the house is a factor but less of one than what makes sense for security and peace. The court will kick him out, regardless of ownership, if it maintains the peace.

John Kirchner · Answer

You can tell him to leave, but you can't force him against his will without filing for divorce or legal separation and getting a court to order him out.

Jeffrey Salberg · Answer

If you are fearful, obtain a protective order.  You can get forms on line at the utah court site or by going to the District Court clerk's office.  The protective order can keep him from your house and place of employment,  It can also require he not contact you in any manner or you can modify it to allow contact by email or text if communication is important.  The Court can enter a protective order without notice to your husband if the facts you set forth in the forms shows threat of bodily harm, or conduct that creates substantial fear.  If there have been prior incidents, include those facts as well.  Once the court issues the protective order, a hearing will be set in ten days to allow your husband to contest the protective order.  If he fails to show, or if he fails to establish the basis of your complaints are not true, the protective order will be entered for at least two years.

James Weiner · Answer

Get an attorney.. File for divorce..then kick him out.

Maxwell Livingston · Answer

If you purchased it before your marriage, and only your name is on the deed, yes. You can email for assistance with the separation.   I'm sorry you're going through this, and I wish you the best.

John Brennan · Answer

I would act now as the longer there is a status quo the more it is to his favor.

Willie Stephen Graves · Answer

If it was your house before the marriage it's still yours. Yes, you can kick him out, but it doesn't sound like simply telling him to get out will do the trick.  You may be able to get an annulment instead of a divorce.  You need a lawyer. Go get one.

Leonard A. Kaanta · Answer

You should file for divorce a get a restraining order.

Loren Zahn · Answer

You can seek a restraining order and a residence exclusion order to get him removed from the home.

James Albert Bordonaro · Answer

No, you need to file a separation or divorce and request temporary possession of the home.

Steven D. Dunnings · Answer

You can try to get a Personal Protection Order.  Why just separate, why not divorce.

Dennis Leffert · Answer

The best approach is to call 911 when you think you are in danger of being hurt by your husband.  You can also get a restraining order.  Kicking him out of the house is a civil  matter separate from a divorce.  Good luck.

William Spern · Answer

File for divorce. Get an order to remove him from the house. Change the locks and place all of his possession outside, in a garage or shed, to allow him to pick them up at a time you are not there. If he remains, call the police and report that he is there contrary to a court order. Have a copy of the court order to give to the police.

Robert Merlin · Answer

You can file now to dissolve your marriage. If he is physically hurting you or threatening to hurt you, you can also file a domestic violence injunction action to get him out of your home. Technically, you cannot kick him out of your home but you should ask him to leave.

Leonard Schwartz · Answer

You cannot kick him out without a Domestic Violence restraining Order from the Court.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I kick my husband out of the house if I bought it?

19 ANSWERS

Find Local Divorce Lawyers

Helpful Resources

Ask a Lawyer