Can I evict my wife from our rental?

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Can I evict my wife from our rental?

I’m a married man living in a rental with my wife and kids. The other day she claimed the marriage is over and she gathered some of her things and left. She wants me to leave the home but I don’t want to go. I pay all the bills here and have for the 2 months that we have been here. I want to know if there is a legal way to get her name from the lease or get her evicted from the home without me being evicted with her? I don’t want any money from her just want her legally out the home so I am protected.

Asked on September 11, 2016 under Family Law, South Carolina

Answers:

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

Answered 4 years ago | Contributor

Until a final decree of divorce has been isseued or a formal separation agreement has been entered into that assigns which spouse has the rights to possession of the premises, it is still considered to be the "joint marital residence". Therefore you both have equal rights to occupy the home. This is true no matter who pays the rent. At this point, you should consult directly with a divorce attorney in your area, they can best advise you further.


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