Ask Experts Questions for FREE Help !
Ask
    communicare's Avatar
    communicare Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 8, 2011, 08:34 PM
    How to remove my abusive alcoholic husband from our house?
    I have been married for 21 yrs. To a verbally abusive alcoholic. He has also been verbally abusive to our children when drinking. I want him to leave the house, but he refuses. I have filed for an epo in the past, but allowed him to come back. The mortgage is in both our names. What steps do I need to take. Oh, he has had three dui's. Just waiting for another one, was told he would serve time for a fourth dui.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #2

    Sep 8, 2011, 08:50 PM
    Your option is divorce, unless he actually hurts someone physically, which is when you would try to get a restraining order. Depending on the court and your lawyers, he may or may not be allowed to live there while it's pending. Either party on a mortgage is liable for the entire amount; lenders don't differentiate and accept half from each if you split up. That all becomes part of the divorce too. Maybe if you have any grown children living with you, you can talk about them working and contributing if this happens, and you get to keep the house and have to pay some or all of the mortgage.
    dontknownothin's Avatar
    dontknownothin Posts: 4, Reputation: 2
    New Member
     
    #3

    Sep 8, 2011, 11:03 PM
    See a divorce attorney. Much depends on where you live and the laws there.

    If your husband is abusive, a restraining order is an option but they are normally pretty short term.

    If you file for divorce, given his substance problems you can likely get physical custody of the children and can ask for exclusive possession of the marital residence, in which case he would have to move out.

    Your other option is to move out of the house, see an attorney and begin efforts to get a divorce and get him out of the house so you and the children can move back in. This may be your safest option. Do you have a place you can go with the kids? There may be a shelter or program that provides short term housing to women in your situation - have you looked into or considered such options?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 9, 2011, 03:43 AM
    The names on the mortgage don't matter, it's the names on the deed that matters.

    If he is a part owner, then the only way to get him out is with a restraining order or divorce action.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
    Expert
     
    #5

    Sep 9, 2011, 05:04 AM
    I am sorry this has happened. In what ways were you able to get him out before ( but then followed the pattern of letting him back) Could this be done again ?

    But normally filing for divorce and often you may have to even move out temp while you fight over who will get the house. ** there is no for sure that you will.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #6

    Sep 9, 2011, 05:39 PM
    File for divorce and ask the judge for exclusive use of the home during the divorce proceedings. You can have your attorney incorporate this into the divorce action and have the judge decide at a hearing that you need the exclusive use of the home for you and your children to live in.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Alcoholic Husband.what to do next [ 5 Answers ]

My husband has recently began drinking... even more than I'm probably aware of. His angry and attitude when he drinks escalates... creating a "scary" home to live in. It's like he becomes a different person. Once he starts with one drink... he cannot stop until he goes to bed... which can be 2-3...

Can I go after my alcoholic/abusive mother for mental/emotional distress? [ 5 Answers ]

I really just want to drown her in the paper work to get her off my case/dads case, and get some money so I can go back to school. My parents have been divorced since I was a junior in high school. My mother was mentally and physically abusive to me and my father; there are domestic abuse charges...

My husband is an alcoholic non worker and abuser how do I get a divorse in s.c. [ 5 Answers ]

My husband is a cronic abuser and alcoholic he has 4 cdv.s in South Carolina thee house we live in I bought with the sale of my house I owned in n.j. before I ever met my husband he tells me he now is entitled to one half of the house I bought when we moved to s.c. even though he never worked in...

Is my husband abusive [ 12 Answers ]

I am married with 4 kids, 2 from a previous marriage. My first husband abused drugs and alcohol and was physically and mentally abusive. I have been married for the second time for almost 10 years. My husband is a very strong willed person. He is very traditional and conservative. We've never...

Divorcing an emotionally, verbally abusive alcoholic, lying husband [ 3 Answers ]

Ok, 7 months ago I found out my soon to be ex husband was cheating on me while traveling for business. I found the evidence on an external hardrive which had many other things on it which proved my suspions that he is addicted to online porn, online dating and online sex sites. There were pics of...


View more questions Search