Can't get husband outta house

hopeless26 · #1 May 15, 2007, 12:53 PM

I've told my husband several times that I want him gone. I'm done with our marriage. I don't want any advice on helping it etc.. all I need to know is how to actually make him leave? Besides getting the law involved. He doesn't work right now so I don't have a chance to get the a locksmith over and I really don't want to call the cops because we do have children and I don't wanna be that cruel but I want him out and he refuses. He sleeps on the couch or in our son's bed but I just want him to go away. PLEASE HELP!!!!!!

tickle · May 15, 2007, 12:56 PM

The bottom line is, its his house too and if both names are on the mortgage, deed, whatever, he doesnt have to go anywhere. If you can both agree on putting the house up for sale and dividing the equity, then your problem is solved. Have you thought though, that you have to start proceedings first. Has he been served separation papers, etc. ?

Squiffy · May 15, 2007, 12:57 PM

If his name is on the mortgage or the lease you cant just boot him out! He legally has as much right to be there as you do. Even if you changed the locks he could call the police out on you! If his name is not anywhere on the lease or the mortgage, then it depends on where you live. Quite often married partners have spousal rights, even if their name does not appear anywhere.

LesaRyan04 · May 15, 2007, 01:11 PM

You can't just up and kick him out if his name is on the lease....as this answer has been given many times I see.
But yea, sorry.
he has as many rights as you do.

shygrneyzs · May 15, 2007, 01:20 PM

J_9 echoes my first thoughts also - why don't you leave? If this is so insufferable for you, leave the man! Is the house your excuse for staying? Or are you using your children as the reason for staying? The house is just a possession - it can be sold and the profits split between you and your husband. The children can go with you or stay with your husband. Or you can both have custody.

Stop getting angry at your husband for not moving off the couch and use your anger to do something constructive and productive for you and your children. Talk to an attorney to see what exactly are your rights and please remember your husband has rights too.



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