My husband and I live in a townhouse and both of our names are on the lease, can he now take me off the lease and kick me out?

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My husband and I live in a townhouse and both of our names are on the lease, can he now take me off the lease and kick me out?

Although both our names are on the lease, he’S the one who put me on there, and the way we split our finances, he pays rent and utilities. I did not cheat on him or do anything illegal. We simply had a stupid argument and now he wants me to pack my things and leave.

Asked on June 21, 2015 under Family Law, California

Answers:

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

Answered 5 years ago | Contributor

First of all, even if you were simply his roommate, your husband could not do this. And neither could he even if divorce papers were served (unless otherwise specifically oreder by a court). Until a divorce or legal separation is final, one spouse cannot legally put the other spouse out of their home. The reason is that it is still considered to be the joint marital residence (no matter whose name is on the mortgage or lease).

Note: The exception to the above would be if one spouse is in fear of the other regarding physical abuse or the like, they can file a legal motion to get the offending spouse out and prohibited from returning.


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