My husband won’t move out

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My husband won’t move out

I am in the process of gathering paperwork for a divorce, I haven’t filed yet. My current lease ends on 7/31 my husband is on the lease. I signed a new lease, at the same house, effective 8/1 and my husband is not on the lease. I told him that he needs to move out by 8/1 as he will no longer be on the lease – he is refusing to move. In the house it is my 3 kids only 1 is his biological, myself and him. Can my landlord evict him if he won’t leave? What are my rights? He doesn’t contribute at all to the expenses and it constantly drunk. I need him out.

Asked on July 24, 2017 under Family Law, Minnesota

Answers:

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

Answered 3 years ago | Contributor

Unless and until you have a formal separation agreement or final decree of divorce, the apartment remains the "joint marital residence", no matter whose name is on the lease. This means that your husband cannot be evicted and has the same right to occupy the home as you do. You could ask your landlord to evict him but if you do it will hurt your case.


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