if my wife took my name off the occupancy list at our apartment, can she legally kick me out?

UPDATED: May 7, 2012

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if my wife took my name off the occupancy list at our apartment, can she legally kick me out?

When we got married, I moved out of my apartment and in to hers because it was bigger. She decided to just add me as an occupant because she was in the middle of the lease. Now she told me she called the office and took me off as an occupant and is threatening to call the police to kick me out since it is “her apartment”. Can she legally kick me out since we are married?

Asked on May 7, 2012 under Family Law, Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the unit being rented is in your wife's name alone under the presumed lease with her landlord, you contractually have no right to stay in the rental per any agreement with the landlord.

However, from what you have written, there appears to be an oral or implied sublease between you and your wife for you being in the unit that she alone is renting. If she wants you to leave, she would seem to have to serve you with a 30 day notice of termination of your lease with her. If she wants to kick you out of the rental, she can do so.

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