Can I evict my wife?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I evict my wife?

We live in a manufactured home
community. The house title is in my
name. The lot lease is in my name. I am
unable to return due to pending false
domestic violence charges. She is not on
the title or the lease and the office
says if I don’t live there she has to
apply for a lease or I have to evict
her. Any help is greatly appreciated

Asked on July 27, 2017 under Family Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

Until there is a final divorce decree or legal separation in effect, then the home remains the "joint marital residence". Typically, this means that both spouses have equal rights to occupancy, no matter whose name is on the deed/lease. However, due to the outstanding DV charge, you, not your spouse, has lost that right. That having been said, while the foregoing pertains to the situation as between the 2 of you, as far as the rental office, she will either have to apply for a lease or leave, as that is their policy. Bottom line, you can't evict your wife but the landlord can.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption