How can I get her out of the House

[zjyqqux]

I live in Minnesota. I bought the house my wife and I were renting when she went to prison for embezlement. I paid on the house myself for nearly two years while she was gone. My 14 year old son from a previous marriage lives with me. I had been unfaithful to my wife for the majority of our marriage. She discovered this when she was released from prison and we have been trying to reconcile for nearly two years, unsuccessfuly. She filed for and I was served a "request for a hearing for an OFP" (order for protection) and I was mistakenty removed from my home by an officer who thought the request was actually an OFP. The request for OFP was dismissed. There is no legal reason for me to be out of the house. I haven't gone back yet and I made arrangements for my son to stay with my sister. My wife won't leave the home and I believe a judge will award the house to me and my son mainly because he is a minor. There is no equity in the home so that is not an issue. Is there someway I can have her legally removed so that my son and I can return to our home until the divorce is final? Anybody know?

 

[Proserpina]

I live in Minnesota. I bought the house my wife and I were renting when she went to prison for embezlement. I paid on the house myself for nearly two years while she was gone. My 14 year old son from a previous marriage lives with me. I had been unfaithful to my wife for the majority of our marriage. She discovered this when she was released from prison and we have been trying to reconcile for nearly two years, unsuccessfuly. She filed for and I was served a "request for a hearing for an OFP" (order for protection) and I was mistakenty removed from my home by an officer who thought the request was actually an OFP. The request for OFP was dismissed. There is no legal reason for me to be out of the house. I haven't gone back yet and I made arrangements for my son to stay with my sister. My wife won't leave the home and I believe a judge will award the house to me and my son mainly because he is a minor. There is no equity in the home so that is not an issue. Is there someway I can have her legally removed so that my son and I can return to our home until the divorce is final? Anybody know?

You have basically two choices. You can file to request exclusive use of the marital home, or you can evict her using the legal process for your state.

 

[Ohiogal]

You have basically two choices. You can file to request exclusive use of the marital home, or you can evict her using the legal process for your state.

He can NOT evict his WIFE from the marital residence. A judge would have to order he got exclusive use of the marital home.