Do not do anything without first consulting in person with a divorce attorney. You could end up getting thrown out yourself if you provoke her in any way. Cool heads prevail. Again the proper order to do this is : GO IN PERSON AND CONSULT A DIVORCE ATTORNEY. You cannot just decide you want a divorce and then expect to throw her out. It does not work like that. She has marital rights to reside in the marital abode.. Even if the home is non marital property of yours she has a right to reside there until a court tells her she cannot or until she voluntarily leaves.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who: Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.
Based upon the few facts presented, you have no basis for evicting your wife. She has as much right to live n her home as you do. If you have filed for divorce, you should discuss this matter with your attorney. If you make any effort to throw out your wife without a legal basis, this could come back to haunt you and you could wind up being the person to be ordered out. Please go see your lawyer. If you don't yet have one, now is a very good time to consult with several and hire the one you like the best.
I agree with the prior answers of counsel. It's unlikely that a formal landlord-tenant relationship was established with a formal lease and the regular payment of rent etc. In those rare cases where such an arrangement exists, then the parties are faced with two cases and twice the court costs. Also the court will generally consolidate the "eviction" case into the divorce case and nothing will be gained.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.