Can a spouse make the other spose move out of an apartment that they share if both of their names are on the lease?
Question Details: My husband wants me to leave the apartment that we share after surprising me with the news that he wants a divorce. There is absolutely no place for me to go, so leaving would make me homeless. He wants me out because he wants to move a friend of his in, even though the friend has another place to go.
Unless there is a legal separation agreement in effect or a final decree of divorce that states which one of you has the exclusive right to possession of the premises, it remains that "joint marital residence'. This means that you both have a right to live there, no matter whose name is on the lease. At this point you really should consult with a divorce attorney. If money is an issue for you, can see if you qualify for representation by Legal Aid. You can also check if there is a law school in your area as they typically run legal clinics. Further, you can check with your city/state bar asscociation and see if it has a list of attorneys who will represent you "pro bono" (i.e. for free) depending on your income/circumstances. Finally, you can file yourself for a divorce yourself; check online for specific state procedres for this.
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