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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 99981
Experience:  Attorney
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How can I get my husband out of my HOUSE. He 't want to do

Customer Question

How can I get my husband out of my HOUSE.
He don't want to do any thing around the house his cats are mess up everything . When I ask him to do something he get smart and say you do it. And I think he's cheating in my house to when I'm at work.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
20 August 2015 03:06How can I get my husband out of my...
How can I get my husband out of my HOUSE. He don't want to do any thing around the house his cats are mess up everything . When I ask him to do something he get smart and say you do it. And I think he's cheating in my house to when I'm at work.20 August 2015 03:06
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me:
1) Whose name(s) is/are on the deed of the home?
2) Was it purchased before or after marriage?
3) Will you be planning to file for divorce or separation?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
My name Debbie XXXXXX
It was my childhood home yes before marriage.
I would like to file for something.
Expert:  Ely replied 1 year ago.
Thank you.
Was his name added to the deed at/after marriage?
Customer: replied 1 year ago.
Hell No
Expert:  Ely replied 1 year ago.
Thanks.
Technically, since your name is ***** ***** name on the property, one can "evict" him even without going to family court.
However, because the property is presumed to be communal until stated otherwise by the court, he can then go to family court and override/stay (pause) the eviction process.
Therefore, it would make more send to FILE for divorce/separation in family court, and then ask - via temporary orders - that (a) this property be recognized as separate (yours), and (b) have the court order him to leave while the separation/divorce is pending.
So the family court can essentially issue an eviction via an order if the Judge agrees.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
Thank you in advance .
Expert:  Ely replied 1 year ago.
You are welcome - did you see my answer?