Can I evict my wife from our rental?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I evict my wife from our rental?

I’m a married man living in a rental with my wife and kids. The other day she claimed the marriage is over and she gathered some of her things and left. She wants me to leave the home but I don’t want to go. I pay all the bills here and have for the 2 months that we have been here. I want to know if there is a legal way to get her name from the lease or get her evicted from the home without me being evicted with her? I don’t want any money from her just want her legally out the home so I am protected.

Asked on September 11, 2016 under Family Law, South Carolina


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

Answered 6 years ago | Contributor

Until a final decree of divorce has been isseued or a formal separation agreement has been entered into that assigns which spouse has the rights to possession of the premises, it is still considered to be the "joint marital residence". Therefore you both have equal rights to occupy the home. This is true no matter who pays the rent. At this point, you should consult directly with a divorce attorney in your area, they can best advise you further.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption