Family Law Questions? Ask a Family Lawyer Online.
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The fact that you lived together does not establish a common law marriage unless you also agreed to be married and represented to others that you were married. If that is the case, you can file for divorce of the common law marriage and ask for exclusive possession of the home. Otherwise, you can evict him.
If you file an eviction and your ex tells the court that you are common law married, the court may dismiss the case and you will have to go to family court. You can try that avenue, but that is what may happen. Also, if he is physically violent at all, you can always contact the police to have him removed.
In that case, you may want to bring divorce proceedings and immediately file a motion for exclusive possession of the home, to be heard and decided by the court before the divorce is finalized.