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How Do I Get My Spouse to Leave Since My Name is the Only One on the Mortgage

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  • 05-16-2011, 08:13 PM
    GretchenH3
    How Do I Get My Spouse to Leave Since My Name is the Only One on the Mortgage
    My question involves marriage law for the State of: Indiana I alone am on the mortgage of our home and I am getting a divorce and my husband has changed the locks and refuses to leave. What are my rights as far as getting him out of the house? Especially since I have also been the sole bread winner in our three year marriage. also if i file a restraining order could i use that to get him out of the house?
  • 05-16-2011, 09:06 PM
    Dogmatique
    Re: How Do I Get My Spouse to Leave Since My Name is the Only One on the Mortgage
    You can request exclusive use of the marital home.

    Other than that, he has just as much right to reside there as you - it doesn't matter who is on the mortgage or even the deed. You have to do things legally.

    A restraining order is not appropriate here.
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