Can I make my husband leave our home since I was the one who bought it?

Question

I have been married since 2004. I bought a house one month after we were married. The loan and deed to the house are in my name but he refuses to leave. Is there anything I can do?

Steven D. Dunnings · Answer

No.

George Seide · Answer

File doe divorce to get a court to have jurisdiction over him and the house, or get landlord tenant atty to evict him.

Cathy Cook · Answer

The house is marital property, as you paid for it during marriage.  You cannot get him out without a court order.  You need to file for divorce and ask for exclusive use of the house.

James Albert Bordonaro · Answer

File a petition for divorce or separation and request temporary possession.

Frances Headley · Answer

You can request that the court give you exclusive use of the home during the dissolution proceedings.  You should consult a family law attorney or facilitator to assist you with the paperwork.

Steven Alpers · Answer

To get a kick out order you need domestic violence, threatened violence or harassment. Otherwise you will have to wait until the property division.

Barbara Peyton · Answer

The only reason the courts will order one party or the other to leave a home is domestic violence or threat of the same.  the fact that you took title to the house after you were a married woman creates a presumption that the house is community property.  You either have a claim for reimbursement of a separate property contribution or the community is entitled to receive a percentage of the value of the home for payments made on the house during the marriage.  I  think you will need a family law attorney to lead you through this  maze.

Melvin Franke · Answer

Hire an experienced divorce attorney to file a motion pendente lite (PDL) to remove your husband from the home.

Dean Esposito · Answer

If the house was purchased during the marriage, it is presumed to be community property. Assuming it is community property, you can only get sole use and occupancy if the court awards you such.

Dennis P. Mikko · Answer

Since it is and has been for some time the marital home, the only way you can get him to leave is by asking the court for an order of exclusive possession of the home pending the final divorce judgment.

John Brennan · Answer

You will need to file an action for divorce or separate maintenance. The title for the home is relevant but not necessarily determinative.

John Kirchner · Answer

Generally, your titled ownership gives you the legal authority to require him to leave, but that doesn't include any method to enforce your decision.  To force him to comply with your wishes, you will need to file a divorce case and have the divorce court rule that he is required to move out.  The judge's decision will be made after considering all relevant information.

Grady Gauthier · Answer

You generally cannot evict your husband from the marital house without a restraining order.  The fact that you took title in your name monthly does not mean you own the house entirely at divorce or even now as any money from community property funds, ie.. earnings during the marriage, used to pay for the house is considered a community property interest in the home and at divorce or death both spouses have a right to 50% of this value.  If you are having marrital issues and planning a divorce you need to set up a consultation with an attorney.

Maxwell Livingston · Answer

It depends on when it was purchased and with what funds.

John Rivers · Answer

The issue of temporary possession of the marital residence while a divorce is pending in many jurisdictions will be determined by the Court based upon the relative needs of the parties and their financial conditions and status.  In most jurisdictions there is no simple answer to the question as to how to divide the equity in the marital residence. Property acquired before marriage generally is not considered to be marital property. Property acquired during the marriage generally is considered to be marital property subject to equitable division. However, issues regarding the increase or decrease in the value of the property, the source of funds used to purchase or improve the property, and other matters come into play in determining whether any portion of the interest in the property may be considered as a part of the marital estate subject to equitable division or is completely separate property belonging solely to one spouse. Also, in most jurisdictions all of the assets of a party are generally subject to a claim for alimony by the other party.  You need to consult with a competent and experienced family law attorney regarding these matters.

Rebecca Rainwater · Answer

You need to consult a lawyer. Any property purchased after the date of marriage is presumed to be community property. If you can show that the home was purchased with separate property income (not money you earned from employment while married) and the payments were made using separate property income or assets then the court may rule the home is your separate property and your husband would have no claim on the home although he may be entitled to credits or reimbursement if the community paid for certain improvements or other items related to the home.

Leonard Schwartz · Answer

Unless he commits Domestic Violence and you get a restraining Order you cannot have him removed until the divorce is finalized by the Court and the Court orders him to move out.

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Can I make my husband leave our home since I was the one who bought it?

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