I bought the house my spouse and I are living 8 years before we got married and I made all mortgage payments since we got married. We are now having marital problems and I want to move out and start the countdown for the one year separation, but I do not want to leave my spouse in the house. Can I get a court order for my spouse to leave my house? if no, can I sell the house without my spouse’s consent? What recourse do I have if my spouse causes problem while the house is being shown to potential buyers and/or refuses to sign the waiver for the title company?
How is the house titled? If he is on the title, you can't sell without him. If there is domestic violence, you can file for a protective order to remove him from the house at least temporarily. If you have no children together, you can get a divorce without first separating so long as there is a signed property agreement and you both show up for the divorce hearing. You can also get a divorce on the basis of cruelty or adultery without being separated. Otherwise, you and he have to try to work out an agreement. I suggest that you use the Find A Lawyer feature to set up a consultation with local counsel to go over your options, including whether it would make sense for you to move out and file for a limited divorce while you wait the one year for an absolute divorce.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
Unless there is domestic violence issues or the title of the house is in your sole name, you will not going to be to kick your spouse out and/or be able to sell the house without your spouse's consent or a court order.
The content provided herein is for general information purposes only. This information contained within is not legal advice, nor is it intended to be. This information does not create an attorney-client relationship. You should not act upon information contained on this site without first seeking advice from an attorney.
Now you only need 1 year separation, if you both do not agree. File for divorce. Use an attorney. The court will determine the distribution.
If you never added your spouse to the title, then you can evict them or sell the house, however, the house/proceeds of the sale will remain partially marital property. When "you" made the mortgage payments during the marriage, unless a pre-nup stated otherwise, the mortgage payments were made with marital property and therefore your spouse has an interest in the house.
The information provided in this response is for general informational purposes and does not form an attorney client relationship. Further, the facts of each case are distinct and therefore other than general guidance, the answer cannot specifically apply to all aspects of your case.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline