Can I evict my wife?
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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
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.
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