Can I evict my husband?

Unfortunately he has every right to be there. You departed, he did not. I know 20/20 hindsight is not what you want to hear. You should have called the police and they would have made him leave. One of the things the Rosen web site states is “don’t move out of the house”.

Until all property is settled per agreement or through court action he can live in that house. You can also move back in and he can’t do anything to stop you. I realize that may not be an option if you fear for your safety. If you did move back in and he attacked you and you called the police that is one way to get him out. Not a very attractive option I know. Do not take chances with your safety.

He will also be entitled to whatever equity was built up during the marriage regardless if you bought the house before the marriage. You can probably put it up for sale right now if you want. You are the sole title holder to the house. Problem is, the housing marked stinks right now. Very bad time to sell a house. He maybe able to get an attorney and stop the house from being sold until ED is decided.

I know these are not good options. I hope it helps though.

We discussed this question on today’s NC Divorce Talk Radio LIVE show starting at about the 11:30 mark. … t-20-2008/

Here is my situation. I purchased my home prior to marriage. I am the only one on the mortgage and title. My husband and I had several domestic incidents in the past. I left twice and went back to try to ‘make things work’. This last time I left (3rd time) was for good. He would not leave. Now looking back on it, I should have kept my 50b in order, and had him removed. Live & learn…
We have been legally separated since July 1. I am staying with my parents. He is still in the home, and not paying any bills. They are all in my name. I am having a hard time paying them, but do not want my credit shot by not paying them. I really don’t want to foreclose on the house, since there is equity in it.
I would like to find out how to get him out, so I can sell the home. Can I evict him? Does he have any rights to be there and have a free ride, when it was his violence that drove me to leave?