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 8 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.

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