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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110588
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife and I have been renting the place we live in for almost

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My wife and I have been renting the place we live in for almost 20 years. My wife filed for divorce in June and under false pretenses signed another lease in her name only. Can she have me evicted?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

No, if you have been in the marital property for 20 years, as you are her spouse even if she alone signed the lease, it is still the marital home. In order to have a party removed from the marital home, a spouse has to file a motion for temporary possession of the marital home and has to allege facts to show that the two of you can no longer remain under the same roof and that they are not able to obtain a place of their own.

So, in order to have you removed, she would need a court order to grant her possession of the marital home.

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