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You cannot force your partner to move out unless there is a court order granting you exclusive use of the home. This typically occurs during a temporary orders hearing in a divorce process. If you and your partner cannot agree on living arrangements, the judge will make the decision for you.
Marital abandonment refers to not living with your spouse for more than a year without permission or a valid reason. Additionally, there is no indication you'd like to go back and live again with your spouse.
Contrary to popular belief, eviction in the context of a divorce isn't like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home ?belongs? to you.
You can demand he leave. You can then call the police to encourage he leave. If he refuses, and they do nothing, you will have to take him to magistrate's court to get an order evicting him, essentially. Any actions you take to "toss" him out can lead to charges against you.
How to Evict a Family Member You must serve your tenant with a notice to vacate. ... You must file an eviction petition with your local courts if your tenant does not leave within the time limit. ... If your tenant refuses to move, or if he is in violation of a court order, you can contact law enforcement to have him removed.
If a tenant pays weekly rent, the Landlord may demand that the tenant move out only after giving the tenant at least 7 days written notice. In all other cases where there is no definite rental term, the landlord must give at least 30 days written notice that the tenant must move out.
The South Carolina Notice to Quit is a type of eviction notice form used by landlords, property managers, and property management companies to notify tenants that they must either comply with an order, or quit and give up possession of the rental property within a certain period of time.
A Writ of Ejectment is a legal paper that says you must move or the sheriff will remove you and your belongings from the property. A constable or deputy sheriff will give the Writ to you, or post a copy on the door if the premises are abandoned.