When a couple fights and decides to take separate ways, the question remains about who will leave the residence and who stays. Your husband could confer with his lawyer, and the usual advice would be is to stick to that place if he wants a sole or joint custody. In other words, your husband will refuse to transfer or find a new home because if he does that, the law will interpret it as his willingness to give up both the assets and the kids, which is not the case.
So, what’s the best way to evict your husband?
First, don’t do silly things like calling the police, but instead, talk to your lawyer. In most states, you cannot just simply evict someone who has been living with you. In fact, even if the house is under your name, you need to file an eviction notice, and the court will execute the order.
As much as possible, settle things privately, upon your lawyer’s approval. This will be the easiest way to deal the situation. If he wants custody, put everything in writing on the condition that he will leave the place and the family. In case you are looking for full custody, you can offer something, like percentage of the belongings. Properties usually go the children and with such terms, he might be convinced rather than receiving nothing.
Again, make sure that everything is put into writing, and let him sign the agreement that the apartment or residence is yours now after you come to an agreement. People change, and you don’t want to deal with this headache in the future. If he signs the agreement, you can file a court eviction notice later if he changes his mind.
If you can’t come up with an agreement, follow what the court has ordered. In most states, you can use a temporary eviction notice until the court has finally decided who will stay and leave the house. The process could take a whole month, so be patient and wait. Don’t move out or the court will interpret this otherwise, unless you are physically in danger. If you must move, don’t leave the children with him, or you risk of losing the custody.
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