We have been married 1 year 10 days, we rent our house, I want her out, she made me send my grandchild away cause she didn't want to help care for her, she does not work, has not worked in 3 years, has 2 of her own kids living there also.. what do I do, she will leave if evicte her, so she can get Temp houseing... we are almost 5,000 in debt,, so far this year. I need help...
Generally, you are not allowed to force your spouse to leave, nor her minor children, without seeking a divorce and getting a court order; and only physical abuse will result in a Judge granting you such a court order while still married. The help you need appears to be a legal separation or divorce, and only you can seek that help on your own. Of course, I practice in another state, and you should seek legal counsel and advice in your own State. I cannot give legal advice to you, but generally the situation you describe calls for taking such legal action and following the advice of your attorney about what then can be done about exclusive use of the residence.
You need to contact a Family law attorney. In general, if the house is your marital residence, you cannot make her leave, regardless of who signed the Lease. Only the Landlord can evict someone. While you have a short term marriage, there are also questions of how she will support herself if you get a divorce. You did not mention whether she receives child support for her other two children, or has some other means of support if she does not work.
I agree with the other two answers posted here, but would add a warning - your spouse's failure to work is going to lead to a possible alimony claim that will only get stronger with time. If it's definitely not working out, the sooner you get out of a bad situation, the better. If you wait a decade and then do what you should have done today, you're probably going to be order to support her for the rest of her life (alimony).
