My girlfriend and her STBX are going through their separation without lawyers. The “marital home” is solely in her name. She moved out because he wouldn’t leave. She wants the home back. If no ED is filed, what happens once the divorce is final? The house deed and loan are in her name. He is living there. Who has the right to the home? Can she get him out of the home once the divorce is final in February? If so, what is the process to do so?


Even if the home is her separate property, it is still the marital residence. If she waits until after the parties are divorced she will likely have initiate an action to evict him from the home. In my opinion the better route is to file an action for ED now and include a motion for interim distribution and/or return of separate property to regain possession of the home.