Unless a divorce has resulted into the awarding of the property to the husband, he cannot legally evict his wife from the home. A house is generally considered to be a marital asset, which means that husband and wife have equal rights to the property.

The husband cannot also provide the argument that the wife does not work and pay the bills and that he is the only one coming up with the mortgage payments. It would still be a marital asset that is co-owned by the two spouses.

Even if divorce proceedings have been initiated, the husband cannot legally force his wife to leave the home until a court decision has been made. Moreover, because the house is a marital asset, a divorce usually results into the selling of the property and the equal division of the proceeds. If it is not sold, one of them could purchase the 50 percent share of the other.

If the husband is able to make this purchase after the divorce, it is only then that he will be capable of legally evicting his former wife from the premises in the event that she insists on remaining in the home. 

Another possibility is when the divorce judge rules that the home should go to the husband and the wife still insists on staying. In this particular situation, the husband now has the legal right to evict her from the home. Otherwise, the husband has no right to force her out even if she has not contributed anything to the mortgage payments.

Let me disclose that I am not an attorney and the information provided above are for informational purposes only. I strongly advise you seek a qualified attorney for your particular legal situation.

Moe Bedard
My name is Maurice "Moe" Bedard. I am the founder of America's #1 Mortgage Forum, LoanSafe.org. My online work has been featured in the New York Times, LA Times, Fox Business, and many other media publications.