please help :(

[redrose46]

I have been married to my husband for 12 years. We do have two kids together.. Last 4-5 years I haven't been happy in the marriage and one year ago I told him I was no longer in love with him and that I wanted a Divorce.. Here's the problem we live with my mom who wont get in the middle of this.. He has medical problems, no job, and no where to go and he refuses to leave.. His family is treating to have me arrested for abandonment If I kick him out without anywhere else to go. They have all said they will not let him move in with them. How do I get him to leave? Someone please help me!

 

[army judge]

I have been married to my husband for 12 years. We do have two kids together.. Last 4-5 years I haven't been happy in the marriage and one year ago I told him I was no longer in love with him and that I wanted a Divorce.. Here's the problem we live with my mom who wont get in the middle of this.. He has medical problems, no job, and no where to go and he refuses to leave.. His family is treating to have me arrested for abandonment If I kick him out without anywhere else to go. They have all said they will not let him move in with them. How do I get him to leave? Someone please help me!

Your mother can file an eviction action against him.
She would first have to give him a letter asking him to leave.

If mom won't evict him, there is very little you can do to get him out.
It is your mom's house.
Thus, you must convince mom to bring the eviction action.

If mom won't play ball with you, you will have to leave to get away from him.

You can file a divorce action.

You won't get in trouble because you refuse to care for this bum.

If his own mother doesn't want him, why should you be required to keep him?

You aren't required to care for him, except human kindness.

That doesn't mean you have to feed him or get him health care.

This website can provide you with more information on eviction.

http://www.spartanburgmagistrates.com/information/evictions.htm

There is probably one for the county in which you reside.

Google it!

This is the provision under which your mother can evict him.
f there is no express agreement between the landlord and tenant as to the term of the tenancy, Section 27-35-130 of the South Carolina Code of Laws, which follows, applies:

"All tenants at will and domestic servants shall vacate the premises occupied upon twenty days' written notice."

 

[Proserpina]

This would be considered the marital home - Mom really can't evict him.

OP needs to file for divorce and request exclusive use...that's really her only option at this point.

 

[army judge]

This would be considered the marital home - Mom really can't evict him.

OP needs to file for divorce and request exclusive use...that's really her only option at this point.

I read OP's top post to mean that she and her "lazy hubby" were MOOCHING off of OP's mother.

If that is the case, then mom can evict "lazy hubby".

Sorry, her mother's home is NOT their marital home.

OP and her lazy husband have no right to stay in mom's home, without mom's consent.

Mom has the right to evict him.

OP can't evict him.

The marriage notwithstanding, mom has the sole right to control those living in her home.


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If, on the other hand, OP's mom is living in the home of OP and "lazy hubby"; your advice is correct.

 

[Proserpina]

I've seen it happen, AJ

(Unfortunately that's what our #2's - you know, the one serving in the Middle East - husband's Mom tried to do. They all lived in Mom's house. They tried to kick her out legally and her estranged husband was told quite firmly "Uh...no. File for divorce", in a nutshell).

It would probably be easier for OP to actually file for divorce herself and request exclusive use - that way her Mom doesn't have to be involved at all. It's a simple filing, and he can be out in a month without Mom having to lift a finger.

Plus, it would be empowering for OP to take control and do this herself.

Win-win!