Can wife put me out of our apartment?

My wife and I are going through issues right now and I told her that I was going to leave. She then took my keys to the apartment that we share with our 2 kids. My name is on the lease and I am currently unemployed. Can she take my name off the lease?

Asked on August 30, 2011 Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Your wife can not take your keys or change the locks on the apartment unless she has either a court order or an agreement between you that allows her exclusive occupancy of the marital home.  As for the lease, she can ask the ,landlord to take you off but if you have a copy of the lease with all of you on it and it is signed by everyone then it is a biding contract between you and it can not be altered. Do you think that maybe she needs time to cool off and that some one that you both trust can maybe intercede to calm the situation?  You need to get some help here.  Good luck.

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