IfI am getting a divorce, can I get my husband to move out of our rental?
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IfI am getting a divorce, can I get my husband to move out of our rental?
Im going through a divorce and I cant get my husband to move out. We rent not own. Is there a way I can make him leave?
Asked on August 4, 2010 under Family Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If he will not leave voluntarily then you will have to ask the court to help. Generally, in an action for divorce, a party can ask for a temporary award of the marital home to one of the parties before it is divided in the divorce action. Here, the lease is a marital asset (or debt depending on how you look at it) and can be awarded in the divorce. If you want to live there then you have to ask the court to let you pending the finality of the divorce. But remember: the contents will be considered in the distribution as well. So make sure that if you do stay there you keep everything basically the same until the divorce award is final. Good luck.
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