How do I get him to leave?

My husband and I have been going through some very bad times the past few months. They are related, in part, to his financial irresponsibility (he has been gambling). Our home was due for foreclosure, so I signed a lease on a rental property for myself and the kids. I seperated from him. However, when the time came for foreclosure, I could not make him homeless.

I allowed him to move in with me at the rental location. He has hopes that we will reconcile, but I do not. This was to be temporary, until he could find a place to live. Now he won’t leave and says that I have to evict him. He is not on the lease at the new rental property. Is there anything I can do to force him to leave?

The apartment has now become the martial residence, and you cannot force him to leave based on the facts you list.

I assume she can, however, move into a new apartment?

Can she also get the rental agreement for the marital residence to be put in his name?

She can leave the apartment, but the lease will still be in her name, and she would still be responsible for the apartment and the rent.