When will she move?

[Butch]

Four years ago I married a woman because I got her pregnant. She was previously married and has three children from a previous marriage. Things have gone for the worse and I need out. I owned my home before I married her and we live in it. I have asked her SEVERAL times to please move out. I do not want to be cruel and kick her and her children out but I am getting impatient. How or what can I do legally to get her to move out of MY house? Do I have to file for a divorce or separation? What is the process?

 

[Jenny]

She has a right to live in the home, as you do. Since it is considered a matrimonial home it doesn't matter who owned it before you got married. You need to split the proceeds 50/50. So either she buys you out or you buy her out.One can apply for exclusive possession of the home. You can't KICK her out, and it is both your house.

 

[Grace]

Jenny's right. As for getting exclusive possession of the matrimonial home, it can be difficult. Usually, this only occurs when there is a founded abuse claim. Another option would be to sell the home, split the profits 50/50 and move on.