Getting spouse to leave rental home

Status
Not open for further replies.

cfroueche

New Member
My husband and I are divorcing (not yet filed) and live in a rental home. We originally signed a one year lease in both of our names. The lease expired several months ago but we remain in the house. I have ALWAYS paid the entire rent and paid the security deposit upon move-in. We have separate bank accounts, thus I can prove these payments. My husband does not have the financial ability to pay the monthly rent as he is on social security disability and has other financial obligations of his own. He refuses to vacate our rental house. I was thinking of asking for a new lease in my name only but am not sure that this is enough to get him out. I have even offered to pay the first months rent if he would find an affordable room to rent in another location but he refuses this also. I would vacate myself but I do not wish to lose my $1500.00 security deposit. Does anyone have any advice? Can I petition the court to order him to leave when I do file? Helpppppppppppp....I'm between a rock and a hard place.
 
My husband and I are divorcing (not yet filed) and live in a rental home. We originally signed a one year lease in both of our names. The lease expired several months ago but we remain in the house. I have ALWAYS paid the entire rent and paid the security deposit upon move-in. We have separate bank accounts, thus I can prove these payments. My husband does not have the financial ability to pay the monthly rent as he is on social security disability and has other financial obligations of his own. He refuses to vacate our rental house. I was thinking of asking for a new lease in my name only but am not sure that this is enough to get him out. I have even offered to pay the first months rent if he would find an affordable room to rent in another location but he refuses this also. I would vacate myself but I do not wish to lose my $1500.00 security deposit. Does anyone have any advice? Can I petition the court to order him to leave when I do file? Helpppppppppppp....I'm between a rock and a hard place.

Fie for divorce/separation with retention of the marital home. Until a court orders otherwise he has as much right to live there as you do.
 
Thanks so much for the advice. Planning on filing in two weeks if I can just figure out whether I should file for an annulment or a dissolution. I'll have to figure out which form requests retention of the home.
 
Thanks so much for the advice. Planning on filing in two weeks if I can just figure out whether I should file for an annulment or a dissolution. I'll have to figure out which form requests retention of the home.

An annulment takes much longer and is much more expensive.
 
Status
Not open for further replies.
Back
Top