My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.
Since Michigan is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. If one spouse owns property before the marriage it is separate property. If one spouse inherits or is given property during the marriage it is separate property.
In order to evict someone from your home, you must be the person who has legal right to possession of the house or apartment where you live. This generally means that your name is ***** ***** lease agreement, deed, or mortgage, or that you have a landlord-tenant relationship with the owner. The person who you are trying to evict cannot also have a legal right to possession. If you meet these conditions, you must then successfully sue them in court and get a warrant of eviction.
During a divorce, something that is generally considered a co-owned marital asset such as a home is still considered to be the property of both spouses, regardless of who pays for what, or whose name is ***** ***** legal documents. Therefore, it probably isn't legally possible for a person to evict his or her spouse from the home during divorce proceedings in any state. In some states, however, it may be possible to evict a spouse during a divorce if there are allegations of abuse or other special circumstances apply.
While many courts generally prohibit one spouse from evicting the other, such an eviction may be possible when the home is clearly owned by one person and not the other. However, this is more than likely not the case since the home is almost always automatically considered a marital asset. In order to show that the home belongs to one spouse, the spouse wishing to retain the home and evict the other will need to present evidence that the home is clearly separate property. You would need to demonstrate this in order for you to evict him, it is a really difficult standard but if the house is considered separate property, it might be possible.
Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.