Can I kick my husband out for cheating? In the United States, regardless of who owns the house, you cannot kick your husband out of the marital residence for cheating. In the same vein, if you and your wife jointly own the house, you cannot also evict her in any state because it is her property as well as yours.
However, you can consult with a lawyer about filing for divorce and then dividing your marital assets and debts according to the proper procedures. Depending on who bought it and when this may or may not include the house.
You can also consult with a lawyer about moving one of you out of the house and the laws in your state regarding such matters.
With that in mind, let’s look at what you can and cannot do when it comes to kicking your husband out of the house for cheating or other reasons.
Taking Away Access to the House
One of the most common ways for someone to kick out their cheating partner is to simply change the locks while they’re gone, but is this legal?
In reality, if the property is jointly owned (meaning two or more people have legal title to it), neither owner can change the locks.
You cannot, however, deny access to the property by, for example, not giving your spouse keys to the new locks.
If you deny access to the property, your husband may seek an occupation order from the court to allow them to return to the house and continue to use its facilities.
In other words, you can’t just kick your husband out of the house for any reason, especially cheating. Instead, you must apply to the court for your own order, which will determine who can occupy the property. In the following section, we’ll go over that in greater detail, but first…
What Happens If the Husband Isn’t Named on the Deed?
If your husband’s name is not on the property’s title deeds, you may believe you have more leeway to remove him without a court order.
Even a spouse who is not on the title deeds (known as a non-entitled spouse) cannot be simply kicked out because they can apply to the court for an occupation order.
Furthermore, a non-entitled spouse may have registered matrimonial home rights to the property, which means they cannot be forced to leave without an occupation order, and you cannot sell the property without informing them.
How to Legally Kick Your Husband Out of the House for Cheating or Other Reasons
As previously stated, if you want to remove a husband from your property, you must apply to the court for an occupation order. This is an injunction of some sort.
The procedure for requesting an occupation order is simple and consists of two steps. The first requires you to provide basic information such as your:
- Your Title
- Your contact information
- Name of your ex-partner
- Contact information for your ex-partner (if you have them)
- Mortgage information (if you have one)
- Your motivation for applying
In addition, you will be required to provide a witness statement in which you can explain why you require an occupation order. You may be unsure exactly what grounds you have for requesting an occupation order at this point, so you should consult with a professional solicitor who can assist you in putting together your application.
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You must submit three copies of your application to the court, one of which must be sent to your spouse so that they can provide their own witness statement.
If you are concerned about your current address being known by your partner, you can keep it private and submit the forms without disclosing your address. Your address, however, must be on the court file.
A date will be set for you to appear in your local family court with your spouse and any solicitors that either party has hired. If you are concerned about being in the same room as your spouse, you can ask the court for special measures.
The hearing will result in one of the following outcomes:
- An interim occupation order is issued until a final decision is made on whether the order is required.
- The court issues an occupation order in part, outlining how the parties should live under the same roof but separately.
It is important to note that if an occupation order is issued, it may not be exactly what you expect. Because the court has discretion, it may not order your husband to leave the property but may order him to use certain facilities only at certain times.
These rules will be defined in the order, and if they are broken and there is a power of arrest attached to the order, you may call the police and have the other party arrested.
The application process for an occupation order can be time-consuming. However, the court recognizes that the process must be expedited when an individual or their dependents are in danger.
If you’re in this situation, you can ask the court to ‘hear your application without notice being given to the respondent.’ This is sometimes referred to as an emergency order.
To accomplish this, you must explain in your witness statement that your spouse is likely to:
- Attempt to avoid the occupation order as much as possible.
- Harm you or your dependents physically
- If you wait, you will be unable to apply for the order.
Aside from an occupation order, victims or potential victims of domestic abuse may also seek a non-molestation order in addition to an occupation order.
Orders for Non-Molestation
A non-molestation order prohibits your spouse from engaging in certain acts that constitute violent behavior toward you. A non-molestation order includes the following terms:
- Not to use or threaten you with unlawful violence.
- Not intimidate, harass, or bother you.
- Not to communicate with you directly or indirectly, whether by phone, social media, email, or in person.
- Not to approach you.
The application process for a non-molestation order is the same as for an occupation order, except that non-molestation orders are made on an emergency basis and are usually heard without notice. Both applications can be submitted using the same forms and accompanied by a witness statement.
5 key things you SHOULDN’T do
Don’t kick him out or abandon him just yet
Putting your husband out or leaving him should be your last resort, not your first. You may eventually decide to do this, but it is the worst thing you can do right now. You must keep a close eye on what is going on right now. That will be easier if the two of you are still living under the same roof. If you fire him or leave, you’ll be hard-pressed to find out what he’s up to without hiring an investigator.
As long as you’re together, you can keep tabs on his affair and gather some much-needed information. Before making an informed decision about what to do, you must learn as much as possible about the situation.
Continue to keep an eye on your husband’s activities, attitude, frequency of contact with his lover, and any other details regarding his affair. Keep everything in a journal for future reference. Remember that as long as he’s present, you have a chance to work things out.
Don’t tell everyone about his infidelity
It’s natural to want to tell someone about your husband’s affair or rally friends and family behind you. But be very careful who you tell. The female friend to whom you confide may turn out to be the “other woman.” Make sure you’re confiding in someone you can rely on. Informing a male friend about your husband’s affair may exacerbate the situation. There are men who prey on women when they are at their most vulnerable.
Informing your husband’s friends or family may not yield the desired results. They may dismiss you, or they may lie, make excuses for him, take his side, or warn him to cover his tracks. Confidence in one’s own family and friends can come back to haunt you.
Elephants are not the only creatures that never forget. Some people tend to remember unpleasant events long after they have passed. If you and your husband decide to reconcile, they may complicate matters by harboring resentment and hostility toward him for what he did to you. Or they may be resentful of you for taking him back. Be cautious about who you tell about your husband’s affair.
Do not ignore his affair or pretend it does not exist
Going into denial will only exacerbate the situation. As upsetting as discovering your husband has been cheating can be, you must face the facts of the situation. Ignoring his infidelity allows him to continue his affair. Pretending it’s not happening will give him the impression that he’s getting away with his cheating or that he has your silent approval.
You should tell your husband about his affair and express your desire for it to end at some point. You should confront him about his cheating as soon as possible. The longer you wait to bring it up and express your displeasure, the more he will become attached to the other woman. The more difficult it will be to get your marriage back on track. Keep in mind that affairs thrive in secrecy. Sometimes, simply informing your husband about the affair is enough to put an end to it.
Don’t confront him unless you have proof, a plan, and a purpose
The majority of experts agree that you should confront your husband about his infidelity. But you must have a strategy. Choose the time and location carefully so that you can discuss the affair without interruption.
DO NOT inquire about your husband’s infidelity.
THIEVES ALWAYS LIE. Present the evidence you’ve gathered proving his affair – names, dates, places, times, absences, phone calls, physical evidence, and so on. Then, ask him pointed questions about his affair, such as why he did it, how it began, how long it’s been going on, how he feels about the other woman, and what he plans to do now that you know. Pay close attention to his responses so that you can accurately assess the situation. Then, you’ll be able to make an informed decision about your next steps.
Do Not Confront Your Husband if You Do Not Have Proof of His Infidelity.
It would be a huge waste of time to do so. The information-gathering phase will never get off the ground unless you can prove he’s been cheating. There is a way to obtain proof without hiring a detective or purchasing software or surveillance equipment. “Is He Cheating on You? – 829 Telltale Signs” will assist you in gathering all of the evidence you require using only your eyes and ears, your personal knowledge of your husband, and the information in this book.
Don’t waste your time or energy on the other woman.
Obsessing over the other woman is one of the worst things you can do. It’s natural to be interested in her, but she’s not worth your time or energy.
Repeatedly questioning your husband about her, referring to her, or bringing her name up in conversation draws attention away from the real issues, where it belongs.
Don’t get caught up in the specifics of what happened between them.
Concentrate on resolving issues between the two of you.
Calling or confronting the other woman and demanding that she leave your husband alone will humiliate or frustrate you. She is not required to take your orders. Harassing or threatening her will get you in trouble with the law.
Name-calling, criticizing, or belittling her will only cause your husband to defend her. You’ll be bringing them closer together rather than driving them apart.
Forget about the other woman and concentrate your energy and efforts on reviving your marriage.
Will you end up sabotaging or saving your marriage? The outcome is determined by how you handle the situation when you first discover your husband’s affair. You might be unsure of what you’re going to do in the beginning. But at the very least, you know what NOT to do. Whether you decide to stay with your husband or leave him, avoiding these blunders clears the way for your decision.
How do I tell my husband I want to separate?
Before deciding on how to kick your cheating partner out, you should have ‘the talk’ your in interactions with your husband. You should be firm and direct in expressing your wishes but treat them with care and respect. You shouldn’t go into the talk with resentment, and now is not the time to list all the reasons your spouse “caused” the separation.
What if my husband won’t move out?
There are only three alternative methods to get your cheating husband out of the house if he refuses to go after you tell him that you want to kick him out: you can file for divorce, call the police, or get a protection order. Without taking one of these steps, you are unable to remove your spouse from their homestead in any other way.
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