How to Evict Your Spouse When His Name Is Not on the Mortgage
- 1). Obtain an Order of Protection from your county court office if you experience abuse from your spouse. Spousal abuse, no matter if you are male or female, is a serious problem that the police should know about. An Order of Protection is a method of evicting your spouse only if you are suffering physical or mental harm.
- 2). Contact an attorney to speak about possible eviction procedures in your state. If you are not suffering from physical or mental harm from your spouse, it is difficult to evict your spouse. You must tell your attorney everything about your current living situation with your spouse, including if you have any children. Your attorney will begin the proceedings for a temporary eviction, which can possibly lead to a permanent eviction.
- 3). Start divorce proceedings if you intend to divorce your spouse. Though filing for a divorce does not mean you can automatically evict your spouse if he is not on the mortgage, you can possibly evict your spouse through the Divorce Act. The Divorce Act protects spouses and children against mental harm in households currently in divorce proceedings.
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