Can I evict my wife from the home?
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Can I evict my wife from the home?
I have been physically separated from my spouse for 10 months. She kept the mortgage current. She recently stop making payments. I am the only person on the mortgage because of her bad credit. She refuses to communicate with me to try and resolve getting my name off the mortgage. What can I do to protect my credit?
Asked on August 25, 2011 North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should consult with a divorce or family law attorney. The short answer is, you probably *cannot* evict your wife if she is an owner of the home (e.g. she's on the title; it's owned jointly), because if she is, she has as much right as you to occupy it. (Note: the issue is not the mortgage, but the title.) Even if the home is not in her name, too, it is generally very difficult to evict a spouse, even a separate one, in the absence of some agreement about residence, paying rent, etc. You will likely have to divorce her, not just physically separate, in order to both disentangle your credit from hers and get some resolution in regards to the home. Good luck.
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