How can I kick my husband out of our rental property if we are both on the lease?

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How can I kick my husband out of our rental property if we are both on the lease?

We currently are both on the lease for a mobile home. We moved into this property right after we got married. He is into drugs and has been treating me very poorly. I’d like to have him removed but when we’ve discussed it in the past, he says that I have to give him 30 days notice because he is on the lease as well. I’m worried that he will destroy the rental furniture that is on my name, as well as destroy my items that I need for work, such as my laptop, etc. How do I go about doing this? He hasn’t left bruises on me, but he threatens constantly and is selling his prescriptions.

Asked on June 5, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need some legal help here.  First, you need to get him out and away from you and it sounds as if a restraining order may be helpful.  Otherwise you need to file for divorce and ask to be allowed exclusive use and occupancy of the marital home.  I would take repcautions to safeguard the laptop and other valuable items that can be transported easily.  Good luck.


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