How do I get my wife out of my rented condo?

UPDATED: Oct 19, 2011

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How do I get my wife out of my rented condo?

I am divorcing my wife and she is planning on moving away in a few months. We currently rent a condo together. She is constantly bringing men to the condo while I am out and refuses to leave and will not help pay rent. What can I do to get her out of the condo? Can anything be done? We are not yet divorced. Only my name is on the lease. Her name is not on the lease.

Asked on October 19, 2011 under Family Law, California


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

Answered 11 years ago | Contributor

No matter whose name is on the lease, at this point the condo is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However all that can change if 1 of the following occur: a final divorce decree is issued; a legal separation agreement is executed (and it gives you the exclusive use of the house); or some form of temporary order is issued (e.g. protective or stay away order) which calls for her removal from the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and remedies.

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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