Can I evict my ex husband from house?

Question

Hello, here is the story. Fist this is for my girlfriend.
He husband and herself are going through a divorce and they have a house that he is living in. She and her son moved out and he is responsible to pay the mortgage and taxes as he still lives there. This is just and agreement between them. To further complicte the issue, he had some tax issues a few years ago and he wanted to remodel the house. Due to his tax lien he had himself removed from the deed and the Mortgage loans. She is the only name on both so it is her credit the is in jeopardy if he does not pay the monthy bill. The house is still not finshed after 5 years and does not have final inspection.
Question is can she evict him from the house and put it up for sale to get out of debt? If there any equity is she liable to give him half?
Really all she wants is to get out from under a house that she no longer lives in but us responsible for. She would rather not file for bankruptcy is there is another optio

Answer 1

Try the site below for research on this topic. Make sure to change the location/state in which they reside. Hope this helps.

Answer 2

It's literally impossible to obtain the advice you need without knowing all the details. It all depends on how your final divorce decree was worded. Usually the attorneys will agree on a certain time frame in which to have the other party, and in this case it's your ex, to obtain his own mortgage. What you're to do next if he doesn't get his own mortgage should also have been stipulated in the final decree. If he is unable to qualify for a mortgage, perhaps you should offer to buy him out. That is make an agreement to purchase the home from him. This would require you getting a loan with sufficient funds to give him some cash. With property values being so low, he couldn't expect much. Then you would be in a position of sole ownership, and able to ask that both he and she leave. I suggest you take a look at this site designed primarily for women in similar situations. You might find the advice that fits. This guy is just one among billions. The good news is that now SHE gets to live with him and you no longer have to :o) GOOD LUCK!

Answer 3

They are still married. Neither one can evict the other. The final decision will be made by the court. If they are going through a divorce, and the paperwork has been filed, then she should consult with her attorney.

Answer 4

Get a lawyer.

But if she is the only name on the legal documents, and there is no legally binding agreement between the two, she can kick him out.

Technically, its her property to do with as she wants. If she tells him to leave and he doesn't, that's trespassing.


As for giving him half if she sells the house.....no clue. But sucks to be on the "man's side" of the divorce, doesn't it?

Answer 5

From the facts you relate, no-one's going to kick him out until a court decides their respective interests. She needs to talk to a lawyer whith whom she can discuss all the details.

Answer 6

As long as he is married, they need both signatures for selling
She could fake a power of attorney to handle the sale for him and sell it, when he is on vacation and quickly run.
She can claim he abused her and throw him out, moving in herself.
But reading your story, I don't think its the whole story.

Answer 7

He has to be taken to court. If the police are called they will just tell you that it is a civil matter. You need to tell your friend to talk to her lawyer and see what options you can take for your state.

Answer 8

Yes and have a valid reason and tell that tothe cops Its very easy .Now for your problem if she had or has a job yes she has to pay half if not you pay until you file.

Answer 9

Get a lawyer

Answer 10

Depends on the state where you are living and any community property laws that state has.