Eviction of Spouse

[edris1958]

washington DC

I have been married since Jan 2009, I already had my apt. when my husband moved in within with me he is not on the lease. He does not pay any bills and he threatened me this morning and I am afraid of him. How can I get him out of my apartment?

[mistoffolees]

Originally Posted by edris1958

washington DC

I have been married since Jan 2009, I already had my apt. when my husband moved in within with me he is not on the lease. He does not pay any bills and he threatened me this morning and I am afraid of him. How can I get him out of my apartment?

Call the police and file a complaint. Then, take that to court to get a restraining order.

[edris1958]

do I have to give him a 30 day notice first?

[mistoffolees]

Originally Posted by edris1958

do I have to give him a 30 day notice first?

You don't have to give a 30 day notice if your life is in jeopardy and you are filing a complaint.

But perhaps you misunderstood. You can NOT evict a spouse from the marital residence. There are only two ways to get him out:

1. IF (and only if) he is a danger to you, you file a police report and ask for a restraining order. That takes effect as soon as the judge rules on it and your spouse is notified.

2. If he's not a danger to you, then you have to go through the process of filing for divorce and asking for possession of the marital residence (which should be granted since it was your apartment before you were married).

In either case, you can't get him out until there's a ruling from a judge.