How do I get my wife to move out of house?

I have discovered that wifey (who handled the bills/checking account) has been diverting funds for years into her personal investments. We have owned the house app. 9 years and I have solid proof that I have paid the mortgage for the last app. 5 years. Only my name is on the mortgage while both of our names are on the deed. She left me 5 years ago right after I was diagnosed with cancer. She said she wanted to come back about 8 months ago and I thought it was best to honor are wedding vows. Shortly after she moved back in I figured out what she had been doing with our funds. I would finally like to end this marriage. I want to split the house/investments 50/50. I would like to stay in the house until it is sold (not on the market yet). How do I get her to leave so that we can start the 12 month separation process?

The issue of how to ‘evict’ a spouse from the marital home is tricky. We have a video that addresses this very topic that will hopefully provide some answers for you.

My wife is having an affair but she won’t leave. How likely will I be successful if I file a Divorce from Bed/Board on the grounds of adultery? I have evidence to support this including a witness. If she is ordered to move out due to Div from Bed/Board, is she able to take the kids or would I need to include physical custody seeking language in my request for Div from Bed/Board?

Judges are becoming less inclined to grant divorce from bed and board to remove one spouse from the house. You could file a motion for interim distribution and ask that you be awarded possession of the home.

If there is no order on custody in place, then she can take the kids when she leaves. If I were you I would file a separation action for child custody and work towards getting a custody order in place so there is no confusion when you separate.

Thank you for the info. Would the fact that she is a SAHM have an impact on the court’s decision to award me the marital home and/or custody, since she has no current income?

Yes, her status as a SAHM will have an impact on your case. The need of the custodial parent to remain in the marital home with the child is a factor that judges consider in equitable distribution. If she is a SAHM she may be entitled to PSS and alimony, in which case she could potentially afford to stay in the home even though she doesn’t earn any income. It also is a factor that will be considered for child custody; one of the factors a judge will consider in awarding custody is if either parent is the primary caregiver. If one person is typically the person driving the child to school, providing the meals, taking the child to medical appointments, doing the bedtime routine, etc. judges will be inclined to give that parent more custody to keep the child’s life as consistent as possible.

Wife is a SAHM with no current income. I will also allege infidelity on her part, which I can easily prove. Since she will not be eligible for alimony or PSS as per our pre-nup, do you think the court be inclined to offset this & sway her way with regard to equitable distribution so that she will be able to remain in the marital home? If so, I struggle with the message that would send: it’s OK to cheat, because the other person will have to leave.

If you have a valid prenup with an alimony waiver, then spousal support should be a non-issue. Which means that she could only stay in the home if she could afford it (through her own earnings). I can’t predict how the judge would rule in your ED case, but I can tell you that the need of a custodial parent to stay in the former marital home is just one of the many factors a judge will consider.