Marital Home Rights Between Divorcing or Separated Spouses

If you are trying to remove your estranged spouse from your home, there are several courses of action depending on whether you are already involved in litigation. A protective order proceeding or a use and possession order in a divorce are possibilities. Otherwise, you can give your spouse a notice to vacate and then file, together, two landlord/tenant actions, one for wrongful retainer and the other for tenant holding over. Depending on whether your spouse characterizes himself as a tenant or not by filing both you will make sure the district court has an avenue to evict your spouse.

For an interesting article on removing a spouse from the marital home, see: Removing Spouse from Marital Home