How do I get my wife out of my house?
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How do I get my wife out of my house?
The house is in my name. I informed her that I want out of the marriage and to separate immediately. She said fine. I offered to transfer the house to her name or pay her 1st months rent on any place she finds. She has made no moves. I have moved out and she has stayed that she will not pay the mortgage and instead
intends to stay until the house goes into foreclosure effectively ruining my credit. Do I have any options?
Asked on January 9, 2019 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The only way to remove her would be to file a divorce case and seek a court order that she has to move out (or at least pay the mortgage, etc.). That order can be sought, given the urgency (i.e. you need to resolve this soon, to avoid foreclosure) on an "emergent" (think: "urgent" or "emergency") basis to get into court quickly. Only with a legal case does the court have power over the situation, and only a court can order her to move or pay. Consult with a family or matrimonial law attorney to understand what is involved.
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