How do I get my wife out of my rented condo?

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How do I get my wife out of my rented condo?

I am divorcing my wife and she is planning on moving away in a few months. We currently rent a condo together. She is constantly bringing men to the condo while I am out and refuses to leave and will not help pay rent. What can I do to get her out of the condo? Can anything be done? We are not yet divorced. Only my name is on the lease. Her name is not on the lease.

Asked on October 19, 2011 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

No matter whose name is on the lease, at this point the condo is considered to be the "marital residence" and accordingly both parties have equal rights to possession. However all that can change if 1 of the following occur: a final divorce decree is issued; a legal separation agreement is executed (and it gives you the exclusive use of the house); or some form of temporary order is issued (e.g. protective or stay away order) which calls for her removal from the home.

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and remedies.


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