Evicting Spouse


#1

How can I have a spouse evicted from the home? We have both agreed to sell the house and split the profits. We have also signed and recorded Separation of property agreements and filed for divorce. My name is the only name on the mortgage but both our names are on the deed, yet my spouse does not want to move out of the home until it is sold or pay towards any of the bills, leaving me to pay for everything. Is there anything that can be done to remove them from the home, even with their name on the deed?


#2

There is no way to evict a spouse from the marital residence. Does your separation agreement have any language about how long she is permitted to stay in the home, and how the bills are to be paid? If she is in breach of the agreement you can always sue her for breach of contract.