Your question presents one of the the most difficult issues encountered in family law. There are two schools of thought regarding evicting a non-titled spouse. One school views reval of a non-titled spouse from a home owned solely by the other as a matter of real estate law. As such, the owner spouse needs to give the non-owner spouse a 30 day Notice to Move Out and then file an eviction if the spouses refuses to leave. The other school sees the problem as one of family law that only a Circuit Court judge can decide if the spouse should leave.
However, either spouse can ask for a Protective Order if he or she is a victim of domestic violence. If a Court finds there has been domestic violence, then the Court can order the violator out of the home for up to a 1 year period.
If you need advice specific to your situation, please do not hesitate to call me.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.