I have been married for 18 months and my husband recently told me and three other people that he is leaving me. I owned the home that we are living in years before we got married and it is deeded in my name. He has never helped me pay the mortgage or given me any money for rent the whole time that we have been married. He has purchased multiple vehicles time after time to have an excuse to why he cannot help me with the mortgage or help me pay for the necessities and daycare for our one year old daughter. The question that I have is, since he has never payed any rent or mortgage and I owned the house before we were married, can I legally have him removed from my home now if he does not leave on his own, do I have to give him a certain amount of time to get out, or does he have the same access to the home as I do even though he does not pay any rent or mortgage?
Even though he doesn’t help with the mortgage the house is still the marital residence and he can’t be evicted. You could file for equitable distribution and motion for an interim distribution to get him out.