# How do I kick him out?



## painfulchoice (Sep 2, 2017)

I read and hear the comment 'I kicked him out" How do you do that when he is on the mortgage too? He cheats and I forgive then he cheats again. I haven't filed yet, but in the works. Thx.


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## barbados (Aug 30, 2012)

Legally you can't unless he is abusive and you call the police on him and have him removed. You can ask him to leave, but you can't force him to leave. If he's a serial cheater you should divorce him and move on with your life.


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## MJJEAN (Jun 26, 2015)

File for divorce and ask him to leave when he is served. If he refuses, work through the legal system to either buy him out or ask the house be sold and have any equity split between you.


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## cc48kel (Apr 5, 2017)

Go talk with a lawyer. Divorce and he will be out of your life for good!!


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## SlowlyGoingCrazy (Jun 2, 2011)

I ended up having to leave. It was the best choice for me even though I ended up losing a lot in the end. Was well worth it. 

Talk to a lawyer. If he leaves can you manage the bills on your own?


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## Satya (Jun 22, 2012)




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## Wolfman1968 (Jun 9, 2011)

Why don't you just move out?


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## painfulchoice (Sep 2, 2017)

Well. I would walk away, but we have a 15 and 16 year old. They both attend our district HS. I would like to disrupt their lives as little as possible. To complicate matters my 16 YO has Down Syndrome and needs a parent to get him on and off bus. Currently, that task is handled by his dad. My work schedule is not flexible at all. I have met with an attorney, but have not filed yet because I am looking for a job that will allow me to get my son on and off the bus. Otherwise I doubt I will get what I want which is joint custody (I have no complaints about his fathering) and keep the house. I have another post which I talk about his extamarital activities.


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## SlowlyGoingCrazy (Jun 2, 2011)

There should be no reason you can't get 50/50 custody just because he gets him off the bus. They can go to Dads after school and then to your house when you get off work for a 2/3 days per week rotation and then every second weekend. At their ages they would consider what they wanted too. 

As for getting the house, you would likely have to buy him out anyway. Whatever equity you have would be split which means you'd have to sell and split it or you give him the amount it would be and stay in the home. You wouldn't get the house outright.


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## painfulchoice (Sep 2, 2017)

We filed bk in 2011 and reaffirmed (?) the house. HELOC 150k (now in the form of a lien) though not paying due to Bk, it's still there loomng. Once house is sells one day proceeds would go to pay off remaining mortgage of 200k and of course position # 2 will swoop in. Doesn't show on our CBR but it's there. Guess more than anyone needs to know. When all kids 18 I guess one would have to buy out other. My son is permitted to stay in HS until 21 so maybe it would be a different situation in our case I forgot to ask the attorney that. The answer will cost me $375 unfortunately. We are lucky to be in he home. It would have costed much more in monthly rent than our current mortgage since we were able to get a loan modification.


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## 3Xnocharm (Jun 22, 2012)

You pack him a bag, hand it to him and tell him you want him out. If he refuses, let him know that you expose his infidelity far and wide to family and friends and anyone else who will listen. I find it beyond disrespectful when the outed cheater stays in the house.


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## painfulchoice (Sep 2, 2017)

Well that certainly is perfectly expressed. I hope by the time I have filed and worked out a better schedule to accommodate my son I will have the courage to do that. Today I started talking to my coworker about possibly changing schedules and I immediately started crying. Embarrassing. she doesn't know why or what I'm going through . I am such a wreck.
Thank you for the advice and comments.


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