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 ,