Facing marital issues, you may reach a juncture at which you desire to remove your husband from the home. Depending on your specific circumstances, there are two different options available to you to evict or remove your husband from the marital residence, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. First, you can obtain a restraining order to remove your husband from the home. Second, you can file a divorce case and request a temporary order granting you possession of the residence.
Read More: How to Get a Free, Quick Divorce
Go to the clerk of the court and obtain a petition for restraining order.
Complete the petition for restraining order, following the instructions provided by the court clerk.
Include specific allegations why your husband needs to be removed from your house and restrained from having contact with you. For example, state that you suffer abuse from your husband, if that is the case. An allegation of some type of abuse is the only reason you can obtain a restraining order to remove your husband from the premises.
Request the court to grant you full possession of the residence. This type of relief is available to you if you rent the home as well as if you own it.
Add a request for an emergency temporary removal of your husband from the residence prior to the initial hearing.
File the petition for restraining order with the clerk of the court. Request the court clerk to serve the petition on your husband.
Appear at the hearing. Present evidence and arguments supporting your position regarding the removal of your husband from the home.
Temporary Possession Order
Go to the clerk of the court and obtain a petition for divorce and a motion for temporary possession of marital residence. The same general process is used in all states. The American Bar Association maintains a resource setting forth the laws in all 50 states.
Complete the petition for divorce, using the guidelines provided by the court clerk. Include a separate request asking that you be awarded temporary possession of the residence immediately, during course of the marriage and following the divorce, if that is your desire.
Fill out the motion for temporary possession of the marital residence. Include specific reasons why you want possession of the residence. For example, advise the court if you are the primary caretaker of the children and are seeking their custody as well.
File the petition and motion with the court clerk. Request the court clerk to arrange for service of these documents on your husband.
Appear at the hearing schedule by the court on the motion for temporary possession of marital residence. Present your case to the court, as outlined in the motion, regarding why you want possession of the residence and why you want your husband out.
Because of the complexities of cases involving the removal of a husband from the house, consider hiring an attorney. The American Bar Association maintains resources designed to assist you in hiring a lawyer.
- American Bar Association: Section of Family Law
- FindLaw: Family Law Center
- Legal Beagle: How to Evict Your Spouse When His Name Is Not on the Mortgage
- Law for Families: How to Get a Free, Quick Divorce
- Law for Families: How to Change the Title as Joint Tenants in a Divorce
- Law for Families: Are Restraining Orders Standard for a Divorce?
Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.