The fact that the home was purchased by you before divorce, or is "in" your name, is not determinative at this point. In the event of a divorce, the home may or may not have some marital value, assuming that it is not under water, like so many homes today. You cannot generally "evict" your spouse from a home prior to a divorce proceeding. Occupancy of the home is typically one of the issues addressed by the court at the time the divorce proceeding is commenced, usually at a temporary hearing. Whether temporary possession of the home would be awarded to you or to your spouse at that time depends on a number of factors, including the presence and age of children, who is responsible for their care, the financial resources of each party, and other factors. The name in which the home is titled could be relevant, but it is not the paramount consideration, particularly if children are involved. Either party is theoretically free to lock the other party out of the home, by changing locks for example, although this can be a risky. If, for example, you exclude your husband, and he has been a stay at home dad, the Court may not react favorably.

These are potentially complicated issues that require careful consideration before you take action. More facts need to be evaluated than can (or should) be discussed on a public forum. You may contact my office if you require additional assistance or have questions. In any event, you should certainly consult with an attorney.

Unfortunately, you cannot "evict him." Your spouse has an equal right to occupy the residence unless or until there is a court order to the contrary. As part of any legal separation or divorce action, either party may file a Motion seeking temporary relief which may include determining who will reside in the family household and who will pay the necessary debts of the parties pending a final resolution to the divorce action.

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