QUESTION
What can I do to get my husband out of the house?
Asked on Nov 23rd, 2012 on Divorce - California
More details to this question:
My husband has 3 kids with his ex and has custody of them. I bought my house a few months before we were married. He has been physically abusive in the past but his verbal and emotional abuse has worsened. I asked him to leave and was told since he has kids that live here, I would have to leave. I am 5 months pregnant. I have been sleeping on the couch and I want him out. What can I do to get him out of my house?
10 ANSWERS
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, it sounds like your house is actually marital property (it does not matter, in most instances, if you bought it prior to the marriage). However, this is a decision for the Court to make when it equitably distributes your property. You should consult with a local family law attorney regarding these matters immediately.
Answered on Nov 27th, 2012 at 5:19 PM
Dennis P. Mikko
At the time the divorce is filed, you can file a motion asking the court to award you exclusive use of the marital home. It will be up to the court whether the motion is granted but that is about the only way to remove him from the home. If the divorce has already been filed, you can still file a motion seeking exclusive use of the marital home.
Answered on Nov 27th, 2012 at 5:19 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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Hire an attorney to start a divorce action and get an order for sole possession of the house. This issue will be fully resolved in the final judgment.
Answered on Nov 27th, 2012 at 5:18 PM
You can bring a motion for him to move out. You should consult a family law attorney to review all of the facts and determine what would be your best way to proceed.
Answered on Nov 27th, 2012 at 5:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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File for divorce and ask the court to order him to leave.
Answered on Nov 27th, 2012 at 8:24 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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File a restraining order and seek a residence exclusion order to have him removed. Alternately, you can file for divorce, seek a residence exclusion order, and have him removed. While the home is yours, you may have to pay him some amount to buy out his pro-tanto interest in the property based upon principal reduction payments made during marriage. You don't have to move from your home.
Answered on Nov 27th, 2012 at 8:20 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, file for divorce and a temporary order and ask the court for an order for him to move.
Answered on Nov 27th, 2012 at 8:17 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Sue him for divorce.. once the divorce is final he will have to move out.. since the house is your separate property given that you bought it before marriage.. BTW whether you or he has to leave its actually a wash since you are well along to being pregnant... so.
Answered on Nov 27th, 2012 at 7:52 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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File suit for divorce and request a temporary hearing. I suggest you hire a lawyer.
Answered on Nov 27th, 2012 at 7:48 AM
Get an attorney and get a kick out order from the court.
Answered on Nov 27th, 2012 at 7:44 AM