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Can I legally remove my spouse out of the house by filing for divorce?
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Can I legally remove my spouse out of the house by filing for divorce?

Me and my wife are leasing a house. Both names are on lease. We're going through separation but stuck on lease for another 5 months. She doesnt work and can't pay rent. I CAN. She refuses to move out unless she "has to" (ie, evicted). I can't move out because that will mean a broken lease. Owner refuses to let us out of the lease.

If I file for divorce, and until divorce is final, can I legally remove her from the house? If not, what should I do? She simply wants to hurt me and want to make my life misrable for wanting separation.

Staying means dealing with a b*** from hell who ONLY wants to make unhappy, and leaving means a broken lease. What should I do?


2007-11-21 21:11:32 +0000
you could possibly do that or you can get a COURT ORDER from the big guy...

2007-11-21 21:10:54 +0000
It sounds like she's being bitter because of your decision to separate. It seems like she doesn't want that to happen. I would just try to get along for the next 5 months. Talk to her and remember that you loved and cared for her at one point and you can't just kick her out, who knows you guys will probably get along so well that divorce will no longer be necessary.

2007-11-21 21:04:59 +0000
Usually you need to separate first.File for that first. Then tell your wife in a nice way to find somewhere else to go. I won't leave your home. By being mean won't help matters.

2007-11-21 21:11:52 +0000
its only 5 months...it will be a very long 5 months .and no you cant kick her out if shes on the lease............... but if she is not paying her half then im sure there is something that can be done ........... are you renting through a realestate agent or straight from the landlord? legaly she is in default of payments and there would be paperwork that you both have signed in relation to renting that house before you both moved in ............... if its through a realestate then legally if shes not paying up then she can be removed from the property .........but if there is no paper work then you cant do anything about it and will have to put up with her for 5 more months ..and since its winter there and she has no where else to go then moroly its best to let her stay.good luck

2007-11-21 21:16:20 +0000
Hire an attorney and tell them you want the wife out. They'll tell you how to go about doing that.

2007-11-21 21:03:48 +0000
Move. Though it may be a bit expensive to get out of the lease, you'll be happier in the long-run.

2007-11-21 21:06:56 +0000
protect youself and get a restraining order. When I say protect yourself, i don't mean physically. I mean prevent her from making you go nuts. I would move out and live in the car. At some point in life, you will realize that living in your car is much better than what you have to go thru at home.

Don't get me wrong here. I am happily married and would never sleep away from my wonderful wife. I just know what you are going thru. You can find a motel too. put it on a credit card. Your credit score is of minimal importance in such a drastic situation like this.

2007-11-21 21:15:45 +0000
If you file for the divorce the judge will decide who moves and who stays. Men don't usually fair well in divorce court, so be ready for the worst. If you have kids, you will probably get to pay the lease, but she will live in the house with the kids.

Good luck
(Been there - Done that- Gave her the T-shirt)

2007-11-21 21:08:33 +0000
Terrible time to go through a divorce during the holidays, so sorry.

I would suggest hiring an attorney and telling him what you are going through, there is a way through this, and an attorney is the way, he can talk to your landlord and tell him (your landlord) the situation, without you talking to the landlord, then the attorney can file papers for you and serve them to her and then get her out of the house, an attorney is what you need, for advice against your soon to be ex, and your landlord.

The landlord will not let you out of the lease?? Well he will when he gets served by your attorney!

2007-11-21 21:40:46 +0000
You can still move out without breaking a lease, as long as some of your personal belongings are still in the home, who is to say that you are not still there legally, if she cant pay the rent by herself, then you can still pay your half until the lease expires, just move into a shared apt. with someone else, or get yourself a studio apt, that is low rent, at least then you would not have to stay in a home where the both of you are unhappy and making each other miserable.

2007-11-22 00:14:48 +0000
They only way if you are both on the lease is a restraining order or the divorce i tried.

2007-11-21 21:02:35 +0000
Do you and your wife have children? If so who will be taking care of these kids? Whoever is taking care of the kids should be the one who gets the house for right now. The court will have to decide what is permanent.

2007-11-21 21:02:50 +0000
give her, her space, stay out of eachothers way. no judge will kick her out if she is on the lease especially in the winter.

2007-11-21 21:01:44 +0000
you would have to file the divorce and fight for the property

2007-11-21 21:32:32 +0000
Contact a lawyer have him ask a judge to get her removed

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