Can ex-husband take over ex-wife’s rental and force her out without him being on the lease?

UPDATED: Aug 16, 2012

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Can ex-husband take over ex-wife’s rental and force her out without him being on the lease?

Divorced husband and wife living in same house. House is rented in name of ex-wife, only. Rhere are 2 minors involved. Wife has asked husband to leave. He refuses. Police require wife to leave. How does ex-wife take back her rental home and force ex-husband to leave?

Asked on August 16, 2012 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the former wife is on the lease for the unit that you have written about and not the former husband, she needs to consult with a landlord tenant attorney to regain possession of the rental possibly with the assistance of the landlord.

As part of the process, the former wife will request the court for an order that the former husband leave the rental since he is not on a presumed written lease that is part of your question. In essence a lawsuit will need to be filed if the former husband will not sign an agreement stating he does not have any right to be in the unit and leaves on his own accord.

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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