Can I Evict My Ex Spouse?

Posted on : January 16, 2020, By: Mary Katherine Brown

What are your legal options if your spouse refuses to move out?

Few exes want to live together after deciding to get a separation or divorce, but logistics — and sometimes spite — may prevent your spouse leaving the home. What are your legal options if your spouse refuses to move out? Can you evict? Continue reading to learn more.

Eviction: What Is It?

Eviction is a process that allows someone who leases or owns property to forcibly remove a tenant from that property within a certain period of time. The tenant must vacate and remove their belongings, or face stringent consequences.

When You Can Evict Your Ex-Spouse

Generally, you can only evict your ex if one of the following are true:

You’ve Been the Victim of Abuse

Victims of domestic violence in the home can seek an order of protection against the alleged abuser. If the abuser lives in the home, they will be required to leave, or essentially be evicted. If you or a family member is in immediate danger, an order of protection can be granted on an emergency basis.

You’re Living in Separate Property

You may have the legal right to evict your ex-spouse from your home if the home is property that you own separately and your ex has no claim to. However, very few married couples have truly separate property. Even if your ex-spouse’s name is not on the lease or mortgage, that doesn’t necessarily mean they automatically have no legal claim to access the marital home.

Property purchased during your marriage is almost exclusively considered marital property, even if it was bought using only your earned income. This is because any money you or your spouse earned during the marriage is considered to be community property. Property that your spouse makes payments on during the marriage or otherwise invests in may also be included.

Examples of separate property include property bought prior to your marriage, or property that you inherited from a family member, either before or during the marriage. Property that you purchased with funds you received from a civil lawsuit may also be considered separate.

Considering an Eviction? Contact an Attorney Today

Before attempting to evict your ex-spouse, it’s critical that you consult with an experienced family lawyer to determine what your legal options are and how you can best protect your rights throughout the eviction process. Contact New York family and divorce lawyer Mary Katherine Brown today for a consultation at (718) 878-6886.

Posted in : Divorce ,

What Our Clients Say

Brooklyn Family & Divorce Lawyer MKB

4.7

Based on 27 reviews

review us on

Chrissie Dowler

21:22 21 Jul 20

I could not be happier to have had Mary Katherine Brown prepare my Last Will and Testament, living will, Health care proxy and other documents. I truly appreciated her accessibility and patience. What I thought would be a confusing and uncomfortable task, she made into an easily understandable process. I can tell she is very knowledgeable and I trust her guidance.When I was first thinking of getting my will done, I was considering Legalzoom as an inexpensive and quick option. I am SO thankful I went with a great lawyer to handle such important documents. Mary Brown's price is very reasonable and worth every penny.

Sasha Badillo

19:19 30 Mar 20

Mary Katherine was exceptional during my custody agreement. She helped me avoid a long court battle with my ex and ensured me of all my concerns. Very knowledgeable and understanding. Would recommend and use her again if needed.

Elaine Ashe

01:43 10 Mar 20

Mary Katherine Brown was a delight to work with these past months. I had an issue come up for Brooklyn Family Court and wanted to retain an attorney instead of handling on my own. I researched some reviews and found Ms. Brown. She is very organized in her thoughts and plans, as well as, very professional in the court environment. I relayed my concerns on some particular issues and she promptly took down notes and handled them immediately with my ex-husband's attorney. Her strategies are well thought out and her advice is invaluable. Ms. Brown made me feel comfortable from our first conversation and throughout our contact. I would like to add her office staff, specifically, Mariana was a pleasure to work with. She always tried her best to accommodate my schedule when securing time with Ms. Brown. Mariana is very professional and respectful. I highly recommend Mary Katherine Brown (Brooklyn Family & Divorce Lawyer) for your family's legal needs. She's fantastic, brilliant, competent, resourceful and overall an attorney you want to have to work for your issues. I am very thankful I found her and decided to retain her for my legal concerns. Mary Katherine Brown is absolutely wonderful!

Nadya Appley

19:01 03 Mar 20

Mary Brown represents the highest level of expertise in Family law and provided me with a valuable piece of advice regarding my legal matter (custody of my son).Thank you, Mary, for your knowledge, responsiveness and a great consultation that was scheduled in a timely manner!!!

David Bellel

16:31 03 Mar 20

Mary Katherine Brown and her staff are very professional. Ms. Brown has given me excellent advice and I highly recommend her!

Alonzo Andrews

02:11 03 Mar 20

Miss Brown represented me in several cases while clearly explaining the situations and presenting all of my available options to me before giving her recommended plan of action. Some of my issues involved my parental rights that she worked diligently to resolve. Her office is professional and friendly, which is greatly appreciated when dealing with the stress of court. She’s the best attorney I have ever worked with and I recommend her to anyone dealing with a Divorce and Family Law case.

MARIE SONKO

18:25 02 Mar 20

I had an in person consultation with Ms. Brown. She answered most of my questions and gave me sound advice.

Lee Moore

02:08 27 Feb 20

Exceptionally prompt, personal, knowledgeable & practical service.

Andrew Kruger

04:28 30 Jan 20

$500 for first consultation.If you do not agree... they go right to $250 What a jock.

Alla Ozersky

19:34 23 Aug 19

I hired this firm to resolve my custody relocation case after previous attorney almost ruined it. Not only did Ms Brown successfully resolved this case, but she also provided useful information and explanation for her strategy, provided emotional support and answers to my multiple questions, not to mention very reasonable and fair pricing.

Ben Harel

23:01 13 Jun 19

Ms. Brown is outstanding. She specializes in family law and understands how to navigate the courtroom process to get you the best possible outcome. Highly recommend.

susan davidson

18:26 12 May 19

Ms Brown, is an Extraordinary person, she’s calm, very professional, has a wonderful personality easy to work with and always has your best interests in mind. She handed my “nasty” divorce in such a calm and professional way that it shocked me and the opposing side. She doesn’t talk too much or annoys the judge but when she does it is right on point. I highly recommend this amazing person. I can be grateful enough to Ms Brown.

NYCTechZone

17:10 02 Jan 19

Excellent service. Very professional and hassle free.

Mariana Peniche

17:43 12 Nov 18

Yair Oded

19:00 07 Nov 18

It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.

Iqra Yaqub

10:20 28 Apr 18

Christine David-Fortune

12:38 23 Mar 18

If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!