Ex is Still Living in the Home I Purchased Before Our Marriage, Can I Kick Him Out?

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“My dissolution will be final in 18 days, we have been living separately for two months. He is living in my home which he wants to keep. He is suppose to be obtaining financing to purchase the home and pay me some of the equity it has acquired. He has not done this and will not answer any of my questions about the purchase of the home. I purchased the home before we were married, the deed, loan, and taxes are in my name only. We both completed the renovations on the home ourselves. After the dissolution is final can he continue to live in my house or can I take it back and make him move out? Also, will I owe him any money because he helped with the renovations if I take it back?”

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You don’t say what state you are in, but if you are in a community property state, then *unless* you have signed something transmuting the house to community property, then the house is your separate property, and you should be able to require him to move out. ¬†Renovations made during the marriage, and the increase in value of the property due to those renovations, were likely made with community monies and effort, and so you may owe him some money, but not a share of the house. ¬†In non-community property states the laws usually follow along the same lines, but you really need to speak with an attorney in your state about this.

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Author: House Attorney

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