QUESTION
How can I get my wife out of our rental home?
Asked on Mar 09th, 2013 on Divorce - California
More details to this question:
We were married for 17 years and were living in a rental apartment. I pay the paid all the bills but my wife won’t leave. I have already left the house. I am willing to pay her bills for one more month and am getting ready to file for divorce. We have no joint properties. How can I get my wife pout of the house?
3 ANSWERS
John Arthur Smitten
You have to file a motion with the court for exclusive possession.
Answered on Mar 11th, 2013 at 3:19 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If she will not agree voluntarily to move, the only option for forcing her removal before the expiration of the lease term is to seek a court order after filing your divorce action. However, I caution: (1) inasmuch as you have already voluntarily left the home; the court is not likely to order that she move; and (2) if you have been the primary source of her financial support in a 17 year marriage, the court is very likely to require that you continue to contribute to her financial support for a period of time during and after the divorce (i.e., spousal maintenance or alimony) that will allow her to continue to pay the rent, etc.
Answered on Mar 11th, 2013 at 3:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If she is on the lease, you cant get her out. You will probably have to pay her some spousal support. She could use that to pay the rent.
Answered on Mar 11th, 2013 at 3:18 PM