My husband and I have lived together for 2 years and separated in October for a month. When we separated we moved into separate homes and in my house everything is in my name including bills. He doesn't even get mail there what so ever. We are separating again and he told me he refuses to leave unless I serve him with 30 day eviction papers. Is that true?

You say you separated and are in separate homes and then say he won't move out? Of your house or another house you are paying for? (I assume you let him move in with you, but you sort of skipped over that step.) Did you ever file a formal separation? What state are you in?

It doesn't matter that nothing is in his name. Its likely that he can prove he has established residence which would mean you would have to evict him. Alternatively you can file for divorce and that might force him out.

I would consult a divorce attorney first.

I have been through this and yes even though you are divorced you will still have to give eviction papers. I had a boyfriend that I had to do this with. We had no kids,never married and everything was in my name but because he got mail at my residence I had to evict him. It won't take long... sorry babe.