I am separated from my spouse which we were never married but have 2 kids together. We both live in the same house as of now, he agreed to live here until he gets on his feet but its been 3 years now. I pay for the mortgage, service utilities and house hold items, he contributes to some food here and there. He willingly signed over the house to me over 2 years ago, his name is no longer on the deed, but is on the loan. I have a notarized paper stating I assume the loan. We just went to court for custody, we got joint. I am trying to find the best way to get him out of the house. He doesn't want to leave but I have a life to live and its not fair to the kids to live that way. Very messy situation, can someone please advise me. No one can seem to tell me what legal rights I have and what steps to take here in the State of Hawaii.

He is a renter since he is no longer on the deed. Give him notice to move out. If he does not, you file for an eviction in housing court. I most likely would pay a few hundred dollars and let an attorney write up the eviction notices.

I answered another question posted by you. Even given these additional details I still stand by my original answer. As long as his name is off the deed I believe you can legally have him evicted. You just have to follow the proper procedure, as I mentioned.