Wife not on lease. Can I kick her out?

[HeadMed]

What is the name of your state? CT

I am about to file for divorce, but I am curious about my options (and I am a student so consulting a lawyer for all of this is a bit too expensive). I have tried continuously to be civil about this, but she is doing everything in her power to irritate me and disrespect me. I have asked her to move out, but she says that she is going to stay just to piss me off.

We have only been married for 9 months, but we have regretted this decision for about 8.5.

My questions:
I am the only one on the apartment lease, so can I make her leave?
We have never integrated our finances, so are we both able to keep the money we had coming into the marriage?
Is she responsible for student debt I have accrued since we have been married (I don't particularly want to stick her with it, but it would be nice to have some bargaining power to make her act nicely during this whole process)?
As far as vehicles, we both have our owns cars that are both in our respective names (like I am on one title for one car, and she is on the title for the other car). However, she wants to be nasty and take my car (again this is the level of maturity I am working with). Can I force her to take the car that is in her name?
Lastly, broadly, do we both keep everything that we brought into the marriage (like TV's, clothes, furniture, existing school debt, etc?). Again, although we both know that I bought almost all of the furniture, I am sure she is going to try to take possession of all of it.

Oh and we have no kids or joint investments or joint ownership of anything (like property).

Thanks for any and all help.

[Ohiogal]

My questions:
I am the only one on the apartment lease, so can I make her leave?

Nope. It is a marital residence.

We have never integrated our finances, so are we both able to keep the money we had coming into the marriage?

Nope. Anything during the marriage is MARITAL property.

Is she responsible for student debt I have accrued since we have been married (I don't particularly want to stick her with it, but it would be nice to have some bargaining power to make her act nicely during this whole process)?

Maybe. It can be considered marital debt.

As far as vehicles, we both have our owns cars that are both in our respective names (like I am on one title for one car, and she is on the title for the other car). However, she wants to be nasty and take my car (again this is the level of maturity I am working with). Can I force her to take the car that is in her name?

Nope. Both are marital property if paid for with marital income and/or bought during the marriage.

Lastly, broadly, do we both keep everything that we brought into the marriage (like TV's, clothes, furniture, existing school debt, etc?). Again, although we both know that I bought almost all of the furniture, I am sure she is going to try to take possession of all of it.

Clothes are personal property. Other things bought into the marriage are separate property. Unless paid for with marital income.

Oh and we have no kids or joint investments or joint ownership of anything (like property).

You sure about no joint ownership?

[HeadMed]

Ok, I was a little vague.

I realize that anything that he have bought/earned since we have been married is joint, but everything I am talking about is PRIOR.

Both cars were bought prior and both of us pay for our given vehicles (although she occasionally borrowed my car and refueled it if it was empty).

Financially, we are COMPLETELY separate. I had money coming into the marriage and I pay for everything of mine via financial aid (including ALL of the apartment lease/utilities).

All of the items I was referring to were those that either of us purchased PRIOR to getting married. That is, nearly ALL of our furniture was purchased by me PRIOR to us getting married. Obviously if is was bought during the marriage it is jointly owned.

Ok, a couple more clarification questions:
If she had worked since have been married and I have only gone to school, does that mean that I get half of the savings she has accrued since the marriage and she gets half of the debt I have accrued. This sounds very unfair, but I can guarantee that if I were pulling down a million a year and she was doing nothing she would definitely feel she deserved half.

Finally what can I do to make her move out? I don't fear for my life although she does have a history of throwing stuff and physically lashing out at me (never called the police or anything because I am about twice her size). She is resolved to stay here until I find a legal means to get her out.....not because she really likes my company or because she couldn't afford to live on her own (because she definitely could manage it on her salary). I just want to begin closing this chapter of my life and it is not going to happen as long as I have to deal with her all day every day.

EDIT: oh and since I am on the lease I have to pay the fee to break it and I DEFINITELY cannot afford another place on my monthly student stipend.

[Ohiogal]

Ok, I was a little vague.

I realize that anything that he have bought/earned since we have been married is joint, but everything I am talking about is PRIOR.

Both cars were bought prior and both of us pay for our given vehicles (although she occasionally borrowed my car and refueled it if it was empty).

Marital income is used on upkeep and paying for the cars. Therefore they are marital property.

Financially, we are COMPLETELY separate. I had money coming into the marriage and I pay for everything of mine via financial aid (including ALL of the apartment lease/utilities).

NO you are NOT.

All of the items I was referring to were those that either of us purchased PRIOR to getting married. That is, nearly ALL of our furniture was purchased by me PRIOR to us getting married. Obviously if is was bought during the marriage it is jointly owned.

Okay then.

Ok, a couple more clarification questions:
If she had worked since have been married and I have only gone to school, does that mean that I get half of the savings she has accrued since the marriage and she gets half of the debt I have accrued. This sounds very unfair, but I can guarantee that if I were pulling down a million a year and she was doing nothing she would definitely feel she deserved half.

It very well could. It could also state that she has a claim on your future earnings for supporting you through school.

Finally what can I do to make her move out? I don't fear for my life although she does have a history of throwing stuff and physically lashing out at me (never called the police or anything because I am about twice her size). She is resolved to stay here until I find a legal means to get her out.....not because she really likes my company or because she couldn't afford to live on her own (because she definitely could manage it on her salary). I just want to begin closing this chapter of my life and it is not going to happen as long as I have to deal with her all day every day.

File for divorce and get a court order giving you sole possession of the marital residence.

EDIT: oh and since I am on the lease I have to pay the fee to break it and I DEFINITELY cannot afford another place on my monthly student stipend.

Oh well. How can you afford to pay the lease to begin with? And don't say student loans.

[LdiJ]

Originally Posted by Ohiogal

Marital income is used on upkeep and paying for the cars. Therefore they are marital property.

While I do agree with this, the odds also are that if it was contested, that the judge would award each of you the car in your own name.

[las365]

All of this over a marriage less than a year old. You didn't ask about this, and it isn't legal advice, but I say y'all need to return the wedding gifts! Then you don't even have to fight about who keeps them