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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2982
Experience:  associate attorney
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Can I evict my husband out of a house we live in that is

Customer Question

Customer: Can I evict my husband out of a house we live in that is owned by my father and I? My name is ***** *****.
JA: Thanks. Can you give me any more details about your issue?
Customer: I'm having issues with my live in 13 year old step son. I don't want him living here anymore since my husband has told him and I that he doesn't have to listen to me. What are my options? I own a licensed daycare out of my home. My step son is very disrespectful, doesn't come home when he is suppose to, doesn't do his homework, gets in trouble in school, and just does whatever he wants. I have evicts that he is doing drugs now. I don't want this in my home. I also have a 3 year old and a 5 year old. My husband won't do anything about his son's behavior or actions.
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Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

What state are you from?

Customer: replied 1 year ago.
Expert:  Christopher B, Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.
If the house is owned by my father with me on the deed doesn't that make it a separate property?
Customer: replied 1 year ago.
What are my rights of kicking my step son out. Having him live with a relative? Am I legally responsible for him because I'm married to his father?
Expert:  Christopher B, Esq. replied 1 year ago.

It depends if you got it before marriage or if during marriage it was given as a gift during marriage. If marital funds were used to purchase a portion of this then it might be possible. The main difficulty is that the the marital house is almost considered by nature to be marital property, it will take a specific circumstance for the court to allow this as it is generally against public policy. You should contact an attorney specializing in eviction to ascertain your rights.

Please let me know if you have any further questions.

Expert:  Christopher B, Esq. replied 1 year ago.

You could not "kick out" a child that young out of the house. He could be encouraged to leave and live with the other spouse or move out with his father. You can't force out a child that young, without a place to stay. There is no legal process to do this unless there are issues with direct abuse to the other children by your step son.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?

Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, can I be in additional service to you? I would really like to earn a positive rating.