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    mccusker's Avatar
    mccusker Posts: 2, Reputation: 1
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    #1

    Jul 17, 2008, 05:45 AM
    Legally remove spouse from house
    We have been married for 9 years, but the marriage is irretrivably broken. I purchased the house 6 months prior to getting married, his name is not on the deed nor the mortgage, is he entitled to anything and how do I go about having him removed from my home, cause he refuses to leave.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 17, 2008, 05:51 AM
    You bought the house prior to marriage so if he can not prove he invested into it too you should be okay with him not getting much if anything. Anything bought after you married would most probably be divided when you divorce.
    Being married I am not sure the procedure for forcing him to leave. I am sure a few here will be able to tell you if you can give him an eviction notice or what.
    It would help to know your state/country
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 17, 2008, 05:54 AM
    Normally after you file for divorce, you will have to get the divorce court to order him to move.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 17, 2008, 05:54 AM
    Actually this depends on what state you are in. In some states, he may be entitled to some share of the house.

    As for getting him out of the house, you have to file for divorce. As long as the marriage exists, he is entitled to stay in the marital home. You may need to file for a spearation agreement first at which time you ay be able to evict him if he still refuses to leave.
    mccusker's Avatar
    mccusker Posts: 2, Reputation: 1
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    #5

    Jul 17, 2008, 05:57 AM
    Quote Originally Posted by ScottGem
    Actually this depends on what state you are in. In some states, he may be entitled to some share of the house.

    As for getting him out of the house, you have to file for divorce. As long as the marriage exists, he is entitled to stay in the marital home. You may need to file for a spearation agreement first at which time you ay be able to evict him if he still refuses to leave.

    Thank you for your response, i wasn't aware that i can file a separation agreement!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 17, 2008, 06:00 AM
    Quote Originally Posted by mccusker
    THANK YOU FOR YOUR RESPONSE, I WASN'T AWARE THAT I CAN FILE A SEPERATION AGREEMENT!
    You need to consult a divorce attorney. Whether you can or need a separation agreement is dependent on local laws.
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