How to evict your spouse when his name is not on the mortgage

Written by aaron marquis
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How to evict your spouse when his name is not on the mortgage
You cannot simply "kick" your spouse out of your shared home if his name is not on the lease. (Thomas Northcut/Photodisc/Getty Images)

The home you own is not only a source of shelter: your home is an investment and place to share with someone you love. If you have to evict your spouse, and his name is not on the mortgage, you must follow the proper channels of law to avoid countersuits. General disagreements that come along with divorce, for example, are much different from physical or mental abuse. File a police report immediately if your well being is in danger.

Skill level:


  1. 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. 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. 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.

Tips and warnings

  • Do not "change the locks" or resort to other aggressive behaviour when your spouse is not in the house. If you are abused, let the authorities handle the situation. Using undue aggression will make a divorce and eviction proceedings much more difficult.

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