QUESTION
How can I legally get my husband out of the house I bought before we were married?
Asked on Jan 12th, 2013 on Divorce - Florida
More details to this question:
I have ask my husband to leave and I want a divorce he refuses. I bought the house before we got married. Legally how do I get him out? The mental abuse is really getting to me to the point I would rather die. I feel like a prisoner in my own home.
15 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for divorce and for exclusive use and possession of the house. You may not get it as the house is a trial issues. But if there's any domestic violence, file for a restraining order and a kick out order.
Answered on Jan 15th, 2013 at 10:37 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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File for divorce and get an order for sole possession of the house. Consult with an attorney to discuss this issue further along with other property concerns.
Answered on Jan 15th, 2013 at 10:36 PM
In reply, I would file an Protective Order action due to his mental abuse and have him removed from the home.
Answered on Jan 15th, 2013 at 10:36 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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File a petition for divorce and request a move-out order.
Answered on Jan 15th, 2013 at 10:35 PM
Steven D. Dunnings
You should hire an attorney.
Answered on Jan 15th, 2013 at 10:35 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must give him a thirty-day notice to quit, then file an eviction action. Of course, the best way is to file for divorce and get an order compelling him to leave. He cannot refuse a divorce - the court in Idaho will grant it.
Answered on Jan 15th, 2013 at 10:34 PM
You need to get a restraining order to have him move out of the house. In order to get a restraining order you must show domestic violence either physical or emotional. You may need an attorney to help you with this. If payments were made on the mortgage to your house during the marriage, your husband may be entitled to reimburse for those payments to finalize the case.
Answered on Jan 15th, 2013 at 10:33 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The only way to get him out is to file for divorce and get all issues of possession and control of property decided in that case. In Colorado and most other states you do not need his "consent" to get divorced. Consult an attorney to discuss the situation in person.
Answered on Jan 15th, 2013 at 10:31 PM
In the State of Utah you can file for divorce and then request Restraining Orders and Temporary Orders through the court. The court would then enter temporary orders pertaining to issues such as custody, support, and use of property. If there are instances of physical abuse or actual fear of abuse, you can apply for a Protective Order through the court which would order him to have no contact and likely order him out of the home. I recommend retaining a qualified attorney to assist you with these matters.
Answered on Jan 15th, 2013 at 10:31 PM
Get an attorney and file for divorce and at the same time ask for exclusive use and possession of the house.
Answered on Jan 15th, 2013 at 2:31 PM
As part of your dissolution action you should bring a motion for use of the residence and for him to move out. You should consult a family law attorney or facilitator to go over the all of the facts regarding the house and how best to present those to the court.
Answered on Jan 15th, 2013 at 2:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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File for divorce and get an order for him to vacate.
Answered on Jan 15th, 2013 at 2:30 PM
You need to file for domestic violence and get restraining order.
Answered on Jan 15th, 2013 at 2:30 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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File for divorce, then file a motion for exclusive use and possession of the home (it is informally called a kickout order).
Answered on Jan 15th, 2013 at 2:29 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Without more details as to the mental abuse you are suffering I cannot advise particularly on whether or not an injunction (restraining order) may be appropriate. I would recommend filing a Petition for Dissolution of Marriage and then requesting the Court to grant you exclusive use of the residence. For information regarding the procedures and details of making such a request, you should schedule a consultation with an attorney. If you are having thoughts of suicide or rather die than be in your current situation, please contact someone, a therapist, a help line, family or friends, immediately for help. I'm sorry for the struggle you're going through right now. Be strong, there is light at the end of the tunnel.
Answered on Jan 15th, 2013 at 2:28 PM