Can 1 spouse make the other move out of an apartment that they share and are both on the lease?

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Can 1 spouse make the other move out of an apartment that they share and are both on the lease?

My husband wants me to leave the apartment that
we share, after surprising me with wanting a
divorce, when there is absolutely no place for me
to go, making me homeless. He wants me out
because he wants to move a friend of his in, even
though the friend has another place to go.

Asked on September 16, 2018 under Family Law, Idaho

Answers:

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

Answered 3 years ago | Contributor

Unless there is a legal separation agreement in effect or a final decree of divorce that states which one of you has the exclusive right to possession of the premises, it remains that "joint marital residence'. This means that you both have a right to live there, no matter whose name is on the lease. At this point you really should consult with a divorce attorney. If money is an issue for you, can see if you qualify for representation by Legal Aid. You can also check if there is a law school in your area as they typically run legal clinics. Further, you can check with your city/state bar asscociation and see if it has a list of attorneys who will represent you "pro bono" (i.e. for free) depending on your income/circumstances. Finally, you can file yourself for a divorce yourself; check online for specific state procedres for this.


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