I am in the process of a divorce and my husband will not leave the house. Both of our names are on the mortgage and the deed and he says I cannot make him leave. He has never made a payment and though this is his legal residence he has not paid a single bill in the past 4 months. I need to know how and if I can get him to leave?
The general rule is that both parties have equal rights to occupy the "marital home". That is unless a divorce has been finalized, there is a legal separation agreement regarding who has exclusive use of the premises, or a court has issued temporary orders regarding possession. And this has nothing to do with whose name the house is in or who pays the mortgage, etc.
Note: If there is an immediate danger that is putting you in fear for your safety, you can call the police and they will remove your husband immediately. You can then ask that a court issue an order of protection.
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