I went through the same thing not too long ago and I found out that if the residence is in both of your names then you can’t kick him out. He unfortunately has to leave on his own. However, you can look for an apartment to let him know that you are serious about the separation and maybe that will encourage him to move. My suggestion is to you, however, is not to “agree” to do anything until you talk to someone and get some legal advice. My stbx tried to take me for quite a ride and it wasn’t until a lawyer was involved that he quit trying to do that. Be strong and smart!! Remember, he’s not looking out for your best interest. He is out for himself now. Good luck.
My name is on the house, but his name is on the bank note! Can I kick him out. I am currently looking for him an apartment or room mate to move in with (in the town he works it!!!).
who name is on the mortgage statement, if its yours then all you have to do is change the locks and dissappear for about 2 or 3 days and when he gets the message that hes now kicked out arrange for him to pick up his belongings with a police escort.but if the house is in your name and he pays the mortgage then you will need to start paying the note.
With all due respect to Fatherdoright you cannot simply go changing locks and disappearing! Evictions are not simple and you cannot just toss someone out on the street, especially if his name is on the bank note. That is reckless advice. Do things legally and correctly or you will pay for it in the end.
Greetings. Yes, you can file a claim for divorce from bed and board and ask the court to have him removed from the residence. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband and I agreed to separate, but he says he can’t move until we can “afford”. My view is that’s just like having kids, right! Anyway, he said if he was going to leave, he should at least get a new 4 wheeler for it and wanted to trade my motorcycle for it. I agreed but only if he was going to move. The next day, he traded it and is making no plans of moving. When I approach the subject, he says “What’s the big hurry?” or “You still want to do that?”. Is there any legal way to get him out? Can I find him an apartment and move him into it?