If they are married and he resides in the home she has no legal means available to evict him from the premises absent some sort of domestic violence problem. Some attorneys will try to use something called Divorce from Bed and Board, but that does not technically provide the authority to evict a party. It is possible to commence an action for custody and ask for possession of the residence as part of a custody order, but that is a much different thing than simply evicting a spouse.
Answered on Nov 11th, 2014 at 3:13 PM