Can I force my husband to leave our home since the mortgage is solely in my name?
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Can I force my husband to leave our home since the mortgage is solely in my name?
My husband and I were non-legally separated approximately 5 years ago. At that time he signed over the mortgage to me when I re-financed. Because of his unemployment, he has not supported me financially for the past 2 years (mortgage payment/bills/etc.). Due to ongoing problems/emotional abuse, I have asked him to leave the home and he refuses. Can I force him to leave and/or change the locks?
Asked on March 14, 2011 under Family Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unless the divorce has been finalized or temporary orders have been issued by a court that give you the exclusive right and possession to the house, you can not legally demand that your husband leave. At this point the house is still considered to be the joint marital residence, no matter whose name is on the title or mortgage. Additionally, his lack of support has no bearing. Right now you should speak directly with a divorce attorney in your area. Once temporary orders are issued, things will be different. Be aware that if you attempt any type of "self-help" such as putting his things out in the street or changing the locks you could be sue for unlawful eviction. Additionally, this could hurt you in the divorce proceedings.
Note: If you claim that he has put you in fear for your physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the house. However you did not indicate this to be the case.
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