If a wife is divorcing her husband who does not own the house they live in (but she does), how can she get him to legally move out?
by 
Anonymous
ANSWERS: 5
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Would they not jointly be entitled to 50% of all the assets in the marriage each unless a prenup existed? I'm not too familiar with US (I guess that's where you are) law but here in NZ that's how it would work regardless of which partly actaully owned what. Therefore neither can force either out of the house, an agreement would have to be mediated and if that did not work the court would decide. It would probably be that the wife would keep the house but she would have to buy the husband out - or the asset sold and the funds divided.
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I had this same situation, and my lawyer simply had me change the locks. However, he had moved out, and I was preventing him from returning. In most states in the US, you would have to follow a formal eviction process if he has established residency. Whether or not the house is considered marital property is key. In many states, it is. In other states, it would not be as long as the house were purchased prior to the marriage. You need to look up the laws in your state/country.
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I went thru the same thing years ago. I had to get a restraining order to get him out. If they are divorcing I am sure the attornies can take care of this anyway.
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Several points to consider here: If you live in a fifty-fifty state, half the house is his, if you are legally married. this also includes any and all outstanding liabilities. Until the divorce is final, a husband and wife cannot legally make the other leave. the house still belongs to both, no matter which name the house is in. The police see this every day. this is strictly civil, but the police are called, if the relationship develops into domestic violence. Both need to just bide their time, until the divorce is final. Some couples have split the house into two sections with duct tap. his side-her side. This works............sometimes.
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If the home was purchased without marital assets, before the marriage and you have not quit-claimed ownership to the both of you, you can ask your attorneys to order his removal or you may just be able to get an eviction under the "for use of own residence" . In a divorce, ask your attorney to take care of it through the judge.
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