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  1. #1
    Join Date
    Sep 2016
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    10,643

    Default Can You Kick a Spouse Out of a House That is Only in Your Name

    A couple purchased a home two years after marrying and, due to the husband's poor credit, the home mortgage is solely in the wife's name. They also made her the sole owner on the title.

    Now, ten years later, they are divorcing, but still both live in the home. The wife would like to keep the home. Can she make her husband move out?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Kick a Spouse Out of a House That is Only in Your Name

    Although being the sole owner on the title may give the wife some small advantage when arguing about who should get the home after the divorce concludes, the home was purchased during the marriage and, under the given facts, is a marital asset. The wife can't simply evict her husband -- she will need to get an order for exclusive possession from the divorce court.

    The best approach here, if possible, is for the husband and wife to negotiate the issue. Perhaps the husband doesn't want the home, and will agree to move out by an agreed date.

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