URGENT: Need help

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onsk1

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My wife and I are divorcing after three years of marriage, but no papers have been filed. Last night, my wife informed me she wanted me out of our apartment by this Sunday and if I was unable to do this on my own, then she would have her brothers move me out. She had my name removed from the lease and utility bills when we moved in without my knowledge. I believe that because we were married when we moved in, I can not be forcibly removed. Can she legally kick me out of the apartment? What are my legal rights in this matter? Can you include the name of the law stipulating my rights so that I can inform the police in case she proceeds? Thank you.
 
She cannot force you out of the apartment.

The landlord cannot remove you from the lease and if he did, that is illegal. Call him/her and ask for sure if you were removed, your wife might just be telling you this. You cannot be removed from a lease without your permission unless the landlord went through proper eviction proceedings.

However, living in the same house if it is this stressgful is not doing anyone any good. Talk to the landlord about possibly removing your name from the lease if it has not been already, or give him 30 days notice you are moving out.

If your landlord says it was removed, that is illegal and he cannot do that. Bascially it is an illigal eviction and your city might have a landlord/tenant mediator that handles these issues.

I am concerned that your wife is probably going to try and get a restraining order on you. If she files false charges, you can respond to them.

Is there any history of domestic violence?

If her brothers come and try to get you to move out, call the police if they lay one hand on you.

D you 2 have any children?
 
Thank you Duranie

We have a 6-month old. There was one physical altercation where she attacked me. The police were called and responded, but no report was written or charges filed. I saw the lease and my name was crossed out where I was suppose to sign and my wife initialed the changes.
 
Ok, the landlord did not properly remove you from the lease. Who is your landlord, is it a mgmt company? Time to start talking to them. Your wife may have told them false information. Do you have your copy of the lease you signed?

As far as the child, you are the legal father so you have every right to see the child. Not sure what custody games she might play, but it sounds like you need an attorney. One of you has to file for divorce and seek custody or visitation.
 
I never signed the lease. What would be the downside if I leave because I was going to leave once I filed for divorce?
 
Make sure you file for divorce first because if you leave the house and she files before you she can file that you abandoned her and the child. So either file before you leave or as soon as you leave. She can't kick you out and the police wont remove you either. They will tell her if she doesn't want to be there to leave herself. I would get an attorney asap and file something right away because like what was said above, she could try to get a restraining order on you falsely just to get you out of the house.
 
Even if you never signed the lease, there is still an oral contract. You still have rights.

Actually, it is not abandonment if you move out and immed. file for divorce. Its abandonment if you move out and disappear for 6 months, but it is not seen as abandonment as long as you file in a timely manner.

This same circumstance was addressed on another legal board by an attorney on what is considered actual abandonment. :)
 
Actually my lawyer and the judge found that my when my ex moved out was abandonment. He was still living in the area and occasionally seeing the kids. He moved out and didn't pay the bills and I wasn't working at the time so he abandoned us with no income. Most people, when they move out, have to start paying their own bills and don't pay the bills of the family that they left and that is abandonment according to my judge.
 
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