Q: Do I have to "evict" my husband to make him move out. I want to file for divorce. The house is in my name only.
We have been married a little over 5 years. I have 2 children (12 & 15) he has 1 (15).
A:
If the house is your separate property and he refuses to leave, eviction may be your only remedy. However, if earnings during marriage were used to pay portions of the mortgage or to make improvements on the house that increased the value of the separate property home, the property takes on a different character in that the community has acquired an interest in it and it would o longer be considered 100% personal property
• Domestic Abuse Allegations
In the event domestic violence is involved the attacker spouse may be evicted even if the home is community property. The best way to remove an abusive spouse is an emergency protective order and/or restraining order. I hope this was helpful. Please retain legal counsel and do not resort to self help. Best of Luck.
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