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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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i would like a separation from my husband. we rent a house

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i would like a separation from my husband. we rent a house from his mother, my name is XXXXX XXXXX lease but i do not have a copy. he is saying i have to be the one to leave the home if i want to leave the marriage. do i have any legal rights to stay in the house, if so how do i go about getting him to move?
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Neither one of you can force the other out of the home as each has rights as tenants in the lease agreement. The only exception would be if you have obtained a court ordered restraining order against your spouse to vacate the premises or the landlord has evicted one of you.

So he cannot legally force you out and you cannot legally force him out. This mother cannot legally force you out unless permitted under the lease terms (violations of the lease or failure to pay rent, as examples) and must then comply with the eviction process.

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