I have a prenup entitling me to the house(I owned it before marriage) and all additions etc. Was looked over by 2 attorneys (mine and his) and both say it is solid. Now my husband is smoking pot in the house and I hate it and want him to go. We are currently splitting the bills. Can I kick him out? Do I have to give him a 30 day notice (I was told if he don't own the property its like having a month to month lease)? Can the police do anything?

Its not clear what your trying to accomplish in the end. Are you divorcing? If so then you will have to get that started first before you can kick him out. Your prenup means nothing until a divorce happens.

Your husband is not a tenant, you share a marital home. So if you want him out, you file for divorce and ask that an order be issued for him to leave.

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Originally Posted by medic1300

I have a prenup entitling me to the house(i owned it before marriage) and all additions etc. Was looked over by 2 attorneys (mine and his) and both say it is solid. ...

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Even if it had been as full of holes as Bonnie and Clyde's car, it would not have been your husband's duty to tell you about that.

I think what AK is saying is that your attorney's opinion can't be fully trusted since he presumably wrote. And his attorney is unlikely to be honest since it would benefit his client.