What are my rights to an apartment that is in my ex-husband’s name?

UPDATED: Oct 14, 2011

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What are my rights to an apartment that is in my ex-husband’s name?

Apparently, I thought I was named on the lease of the apartment I’m living in since I was paying the rent. But it’s in my ex-husband’s name. He has recently been coming and going as he pleases because he has keys that I didn’t even now about. Now I have asked for the keys and he said he gave a 30 day notice even though he hasn’t lived here for 2 years and says I have to leave? Is that legal?

Asked on October 14, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the lease is in your husband's name you need to confirm this by getting a copy of it from the landlord and careully reading it in that its terms and conditions control the obligations owed to the designated tenants by the landlord and vice versa in the absence of conflicting state law.

If it turns out that you are not on the lease you need to speak with the landlord about the situation to see if you can be placed upon it. You also need to ask the landlord to change the locks to the unit to prevent your former husband from entering it and give you new keys for your privacy and protection.

From what you have written, I give little credence to what your former husband is telling you. You need to speak with your landlord and possibly you need to consult with a landlord tenant attorney.

Good luck.

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