Won't move out

[KCmom]

What is the name of your state (only U.S. law)? California
My spouse has asked for a divorce. It is not my wish, but I am giving it to him. I sought advice with a marraige counslor and have asked him to attend. He states he likes himself and needs no help. He has broken up his relationship with his own parents and sister. I have asked him to leave the house. He does not want to move out. He says he has no where to go and no money. He wants to break the mold on divorce and wants it pleasent for the children and us, to be friends. I need to learn to live with out him and the boys need to understand that dad will not be around everyday to see them or tuck them in at night. We agree to sell the house, but right now the market in our area is terrible. He repeatly tells me to move out if I can't handle this. He has been depressed for two years and does not recognize it. He uses my counsoling experience to show that I have problems. He is not violent, but extremely quiet and emotionless. Is there a way to make him leaveWhat is the name of your state (only U.S. law)?

[JETX]

Originally Posted by KCmom

Is there a way to make him leave

As long as his name is on the title to the property, and absent a court order to the contrary, he has equal rights to access and possession of the property.

[CourtClerk]

Even if his name isn't on title, until a court tells him to leave, he has every right to stay in the marital home.

[LdiJ]

Originally Posted by KCmom

What is the name of your state (only U.S. law)? California
My spouse has asked for a divorce. It is not my wish, but I am giving it to him. I sought advice with a marraige counslor and have asked him to attend. He states he likes himself and needs no help. He has broken up his relationship with his own parents and sister. I have asked him to leave the house. He does not want to move out. He says he has no where to go and no money. He wants to break the mold on divorce and wants it pleasent for the children and us, to be friends. I need to learn to live with out him and the boys need to understand that dad will not be around everyday to see them or tuck them in at night. We agree to sell the house, but right now the market in our area is terrible. He repeatly tells me to move out if I can't handle this. He has been depressed for two years and does not recognize it. He uses my counsoling experience to show that I have problems. He is not violent, but extremely quiet and emotionless. Is there a way to make him leaveWhat is the name of your state (only U.S. law)?

You need to file for divorce and ask for sole possession of the marital residence until it sells.