Can you kick your spouse to the curb?

[sharbear]

First, I am not kicking my DH to the curb. But I'm curious because of another thread. Can you kick your spouse out of a house that is in both (or even one's) of your name?

I have a friend who is getting a divorce. Her soon to be ex is having an affair, he taking his new "gal" on vacation with him and things are not good. But he won't move out of the house. She's asked, she's pleaded but he won't budge. She even tried to have her attorney try to get him out. He made outrageous demands that no one would ever agree to. Could it be because she is asking for spousal support? He makes quite a bit of money and there are pensions and assets to divide.

She has lots of other problems and I don't know why he is still staying. I have ideas. (I think that he wants the house. Wants her to move out so he can move his girlfriend in but I don't know)

 

[mickeyfan2]

In a divorce it is better for the DH not to leave. Some states see leaving as abandonment and it is worse for them in the settlement. Maybe he knows this and that is why he won't leave yet.

 

[pearlieq]

I've heard that you shouldn't leave the house. They say "he who moves first loses", so I've heard of a lot of couples in an uncomfortable stalemate waiting for the divorce to be worked out. Unless she's being abused, I would stick it out until there is a legal agreement.

 

[sharbear]

I just wondered. Many people on the DIS tell women when their marriage is going badly, kick him out. If I were you, I'd throw his stuff out on the curb while he was gone. I think that marriage and divorce is much more complicated than that and he can't just kick your husband out, even if you would like to.

 

[bicker]

I'd discuss any rash and irresponsible action like that with your lawyer, first.

 

[Eeyore'sthebest]

Your friend can probably get a court order to have him leave. My DSis works in Family Court in NJ and this is part of her job. A woman in town was divorcing someone we had known since we were kids. He refused to leave. Not sure of any of the circumstances but pretty sure no other person involved. Anyway, she was able to go to court to force the issue.
Have your friend contact her county courthouse. Speak to someone in the "Family Division" or something similarly named. They should be able to inform her of her rights. And just to be certain, have her speak to her attorney about this. Oh and ask your friend if her attorney specializes in divorces. You'd be surprised that people don't think and just think that any attorney can do anything. Just as with doctors, they specialize.
Good Luck with everything.