How do I kick my ex husband out of the house?

To legally kick your husband out of the house, California law has certain requirements. It requires a showing of assault or threatened assault if the request is made on an emergency basis. It also requires potential for physical or emotional harm if the request is made on a non-emergency basis.

Can I have my spouse removed from your home?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

Can I force my ex husband to sell the house?

If you and your ex own a home that is in both of your names, they cannot legally force you to sell the house. Usually, spouses trying to force a property sale need to free up the capital so they can find a property of their own. Therefore, this is sometimes an agreeable solution for both parties.

Does my ex have rights to my property?

He’s not a legal authority. He doesn’t get to decide how your property is divided in your divorce. He’s not in control of you. If you are still married, then the house is marital property and belongs to you both, regardless of who is on the deed.

Can I lock my partner out of the house?

Neither party can lock the other one out, even if they have moved elsewhere. However, after a person has moved out of the matrimonial home, they should only come back if they reasonably need to and they should give you proper notice.

How can I get my husband out of the house if he refuses to leave in Texas?

The court may grant your request to remove your spouse from the house and order your spouse to leave. Note that you do not need to own the home to get a kick-out order. Renters absolutely have rights to seek the Court’s order to remove your spouse.

What do I do if my ex doesn’t sell my house?

If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. Be warned though, this can take a long time and become very expensive. Unless your partner has a lot of free cash they will probably need to borrow the funds to buy you out.

How do I get a divorce if my husband won’t leave?

Get a temporary order in family court. You may be able to physically remove your spouse from the marital home by securing a temporary order from the family court. Depending on where you live, you may have to file a divorce petition first.

How do I remove my ex husband from the House?

Once the court awards you the marital home, the next step is to remove your former spouse from the title. The most common way is to transfer the title into your name as sole owner through a quitclaim deed. The form by itself does not prove your former spouse had ownership rights.

Can a quitclaim deed be used to remove an ex spouse?

But when dividing property after a divorce, most spouses will not want to provide a warranty of title to the other spouse (unless required by the divorce decree). Because a quitclaim deed form provides no warranty of title, it is the most popular deed form to remove an ex-spouse.

How do you transfer ownership of a house after a divorce?

The most common way is to transfer the title into your name as sole owner through a quitclaim deed. The form by itself does not prove your former spouse had ownership rights. That would require a title search. In the case of divorce, though, the parties may deem the expense of a full title search unnecessary.

Can I remove my ex-spouse’s name from my mortgage?

In the eyes of your mortgage lender, the “ties that bind” aren’t legally severed until you remove your ex from the mortgage. Even when a couple agrees that one person is no longer responsible for the mortgage, the lender doesn’t see it that way until the official records show it. There are a few ways you can take a name off a joint mortgage loan.