My husband won’t move out

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption