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4 Bumps

How can you legally kick out a spouse?

I hear people say it, but not sure how it can legally be done?

physical abuse and safety concerns aside. How can you force an adult whose equally paying for the house out of his home if he doesn't want to? The police? What legal ground is there (again aside from physical threats and harm)?

 
Zoeyis

Asked by Zoeyis at 3:07 PM on Nov. 9, 2010 in Relationships

Level 31 (46,808 Credits)
This question is closed.
Answers (8)
  • So I guess what would be left would be for reasons like cheating and being upset which I agree, legally I don't know what the grounds are for that since there are no safety concerns unless the police can appeal to the potentially offensive one and convince him/her to voluntarily leave to avoid having the disagreement escalate if the 2 are together. The only times I have seen this done, violence and safety have been an issue so I am not sure.
    katie23

    Answer by katie23 at 3:24 PM on Nov. 9, 2010

  • I'd really like to know. But I'm afraid that it's one of those divorce settlement split division of property deals...but then how can you divorce if he refuses to leave?
    isabellalecour

    Answer by isabellalecour at 3:23 PM on Nov. 9, 2010

  • It comes down to who wants out the most. Then it comes down to who has the better attorney and/or the most money to fight with.
    Keksie

    Answer by Keksie at 3:38 PM on Nov. 9, 2010

  • Well it depends on your state, but if only one spouses name is on the lease or deed or mortgage then you can have them legally removed in some states. If there is no grounds for a restraining order there really is no way to kick them out if both names are on things. When the divorce is final or while finalizing the judge can order one to be removed and then the police can remove them if they still refuse.
    aeneva

    Answer by aeneva at 3:54 PM on Nov. 9, 2010

  • If there is no physical abuse and no reason to get a restraining order you are kind of at a loss. The police have no legal reason to ask the other spouse to leave if there is no abuse. You would have to get a divorce and have the judge decide who gets the house or if it has to be sold ect.
    okmommy08

    Answer by okmommy08 at 3:24 PM on Nov. 9, 2010

  • You have to get a lawyer and ultimately it will be up to the judge if both sides won't budge. The usually selects the parent who will have the children the majority of the time. If children aren't an issue then the judge can select one person or make the couple sell the house so they split the profits and both move out.

    RyansMom001

    Answer by RyansMom001 at 3:46 PM on Nov. 9, 2010

  • sounds like court and divorce and both can fight how goes and how stays in the house. It would look like the ones with the kids should get the house
    HomeAlone45

    Answer by HomeAlone45 at 7:12 PM on Nov. 9, 2010

  • I hear it alot on here regarding cheating or adultery. And yes that is bad bad bad, is it really legal grounds to remove a person from their home? I don't think it is.
    Zoeyis

    Comment by Zoeyis (original poster) at 3:48 PM on Nov. 9, 2010

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