Wednesday, December 19, 2012

If a couple is divorcing can the wife make husband move out if she doesn't own the house?

Q:  I want my husband out of my home but my mother owns the house. What is the legal process to get him out the quickest. He is very controlling with the money. The bank account is under his name so I must ask for money whenever I need any. I need to start my life without him. He is causing me extra stress which is affecting my health, which causes me to have extra physical pain.

Additional information

We have two children, 13 & 10. They want to live with me but he may try to challange that. He does not want to use an attorney for the divorce, just a mediator. He claims because all the money will go to the attornies, not the children and me. I feel he will try to manipulate me so he can pay less support. I can't work due to my health so I will be applying for disability. I need to know what the best thing I can do to get him out and get the support my children and I are allowed.

A: David's Answer: First, I disagree with the posting that your mother can get him removed. Housing court is most likely not an option when dealing with a marital residence, even if he has no ownership interest. You would need to star a divorce case, then file a motion for exclusive occupancy of the marital residence. In terms of doing mediation, that can be considered, but if he's the one paying for it, you should at the least consult with an attorney of your own so you can ensure you're getting a fair deal.  -- David Bliven (

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