Can I kick my husband out of the house before the divorce? 22 Answers as of September 03, 2012The property and the house we live in are not in either of our names but a relative of mine. We have been living here for almost 4 years. That relative stays in a different house on the same property. My soon to be ex-husband is abusive. He has not hit me in a month. He pays no bills. He breaks things in the house, doors, cabinets, et cetera. Kept a job for 6 months over the last 4 years and then still did not pay any bills. We have a son and he is cruel to him. He has been divorced twice before and treated them the same way. I have paperwork from his other divorces stating these facts. A truck and two motorcycles are the only things we share names on the title for and I plan to give them to him even though I paid for them all myself. I have an upcoming appointment with a lawyer. I want him out of the house as soon as possible. I plan on getting a protective order through the lawyer or putting him in jail if he hits me again before then. He may become hostile when I tell him to get out. I planned to have friends and family around to ensure the safety of my son, the property and myself. Local law enforcement has been informed. They will be informed again on the day I tell him to leave. Everything he owns and the vehicles will be given to him on the day I tell him to leave. I would prefer to have him gone before and during the divorce process rather than waiting for the lawyer to get all the paperwork hashed out. I hope this is enough information. I am tired of my son and I mistreated and I need to know that if I tell him to leave that he cannot legally return to the property.
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You can't force him to leave. You can go to court for a protection order that would order him out of the house. When this is done on an (emergency) ex parte basis, he will not be able to return to the house. Depending on the circumstances, you may not need to inform him of the ex parte hearing before hand if this would put you or your child into danger. The sheriff would serve him and the order would prevent him from being in the house or returning to it. The issue of what he gets from the divorce will be addressed at a later date.
Answer Applies to: Washington
Beaulier Law Office | Maury Beaulier
Not without a court order. Your spouse has an equal right to occupy the residence until a court determines otherwise. You may file an Motion in the Divorce for temporary relief seeking occupancy of the homestead and to resolve any other temporary issues while the case is pending.
Answer Applies to: Minnesota
Lombardi Law LLC | SUZANNE LOMBARDI
In Alaska based upon the information you have provided the best way to get your husband out of the house before a divorce is there is abuse is to get a protective order. If for some reason this is not granted you can file what is called an Expedited Motion for Interim Possession of the Home so that the court looks at the motion quickly and you ask to be awarded possession of the home. If you have an attorney already he or she should be assisting you with these options. If you are not pleased with your attorney it would be best to get another one soon so as to get your goal of removing your husband from the home.
Answer Applies to: Alaska
Reza Athari & Associates, PLLC | Seth L. Reszko
If you have fear of your husband harming you, you can obtain a protective order from the Family Court or file a call the police. Obviously, if the last act was more than a month ago, it might be more difficult to obtain that order of protection to exclude your husband from the house. If you are not on the deed of the house, it will be difficult for you to remove your husband. If the family member seeks to remove your husband, that might be possible through an eviction. Since you are seeing a lawyer, all of your questions can be answered by the lawyer. Good luck. Just note, we also offer free consultations and affordable payment plans.
Answer Applies to: Nevada
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
You absolutely want to talk to a lawyer and get some advice before you do anything. You do not want to put up with him forever, and you do not want to get in trouble for doing something you are not allowed to do.
Answer Applies to: New Jersey
Mary W Craig P.C. | Mary W Craig
Go see your local district attorney and ask for a protection from abuse order, and ask the judge to prevent him from having any contact with you or your family. If he does show back up, you can have him arrested. You have no reason to wait for a lawyer during divorce proceedings. If you and your son are in danger, get the PFA order now.
Answer Applies to: Alabama
Watson Law, LLC | Charles Watson
Kicking him out of the house can lead to a host of problems. If he is currently being abusive you can seek an Order of Protection including possession of the home. Or seek exclusive possession of the house in an order of temporary relief.
Answer Applies to: Illinois
Nye & Associates, PLLC | Todd H. Nye
If you obtain a personal protection order (which you should try to get) he will normally be out of the house if granted. If he is arrested for assaulting you again (and the assault a month ago is reportable, a crime, and the police and prosecutor should actually act on that alone) then he will be out of the house as a condition of bond. Otherwise, your attorney may be able to obtain an emergency order or an order after a hearing in a few weeks in the divorce case for removal from the home; that is up to the family court judge, but normally, if there is violence or destruction of property, then a family court judge may very well grant such an order in the divorce case. In addition to your attorney, you should check for a woman's group in your area that advocates for abused persons, and they can help you with the criminal complaint or personal protection order.
Answer Applies to: Michigan