Can 1 spouse make the other move out of an apartment that they share and are both on the lease?

UPDATED: Oct 1, 2022

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Can 1 spouse make the other move out of an apartment that they share and are both on the lease?

My husband wants me to leave the apartment that
we share, after surprising me with wanting a
divorce, when there is absolutely no place for me
to go, making 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.

Asked on September 16, 2018 under Family Law, Idaho


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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