i am going to file for divorce and my husband refuses to leave, how do I evict him? the home is neither of our names but is an owner financed situation. thank you
3 Answers from Attorneys
If it is not your house, or you don't have the sole right of possession, you have no legal authority to evict (any more than he has to evict you). Discuss with your divorce lawyer.
Under the law he has as much right to remain in the residence as you do. Neither of you have the right to evict the other. I suggest you speak with a family law attorney for assistance before you start making mistakes.
Neither spouse can evict the other. In a divorce, at some point in the case, and it will not be at the beginning, a judge will decide who lives where. You need a lawyer to start that divorce.