I bought my home before I married my husband. His name is not on the house. If I want him to leave, does he had an legal rights?

Asked almost 5 years ago - Euclid, OH

i bought my home before I married my husband. His name is not on the house. If I want him to leave, does he had an legal rights?

Attorney answers (2)

  1. John Michael Drain Jr.

    Pro

    Contributor Level 13

    Answered . Your home is separate property because it was acquired prior to marriage. However, if there has been any appreciation in the value of the home due to your husband's efforts or if he has made principal payments on the mortgage, then it is possible that a divorce court will order that he is entitled to one-half of the appreciation in the value of the home due to his efforts or principal payments. These days, of course, very few homes are appreciating.

  2. Erin Adams Armstrong

    Contributor Level 11

    Answered . Cuyahoga County Domestic Relations Court will not grant an order evicting your husband from the home just because it's your separate property and you want him out. The only ex parte order to vacate the home (ex parte means without the other party being present) that will be granted in Cuyahoga County would be pursuant to a Domestic Violence Civil Protection Order. Unless you qualify for that emergency relief, you are stuck until he leaves or until a divorce is granted at which point, the Court will order him to vacate the home.

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