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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My Husband and I are planning to divorce. we were in a fight

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My Husband and I are planning to divorce. we were in a fight 2 months ago and he was violent. He took our three kids to utah to stay with his grandmother for a couple weeks with out my permission to take them. I had filed for state assistance and child support 2 months ago and have terminated it due to not having the children currently, and am trying to figure out how to get them back. His grandmother owns the home in washington where i live, they are going to try and evict me when he comes back to washington in a couple weeks. i have since filed charges and a restraining order on him. We do not have a rental agreement, we just pay the property taxes. Can she evict me?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If you do not have a written rental agreement, you are legally considered month-to-month tenants. The fact that the landlord is also a relative unfortunately has no legal bearing on the landlord/tenant relationship. A landlord can ask a month-to-month tenant to leave at any time, for any reason (or no reason), by giving written notice at least 20 days prior to the end of the month. RCW 59.18.200. That means that she can give you a written notice (at this point, the earliest she can ask you to leave is September 30) and then she can file for eviction if you do not vacate.

A landlord is not permitted to change the locks, turn of utilities, or forcibly remove a tenant from rented premises. If she does that, you could sue for your damages, plus attorney's fees. RCW 59.18.290. On the flip side, if she gives you proper notice to vacate and you do not leave, she can sue you for her damages, plus attorney's fees. I mention that because attorney's fees can be expensive.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

ok, now during our divorce proceedings, is there any bearing or benefit i I can prove he commited adultery, and or domestic violence?


Since his grandmother is not a party to the divorce, the judge can't order her to allow you to stay. That unfortunately means that his behavior won't have any bearing on who gets to stay in the rental property. She'll be able to ask you to leave.

You could notify the police and report the domestic violence. It will come into play when the judge is deciding who should have custody of the children. Because Washington allows no-fault divorce, adultery is usually only relevant if one spouse is spending marital assets to have an affair. The judge can also consider it to the extent that it plays into his moral fitness to parent, which usually is an issue if one parent is having a string of overnight guests when the children are with him.
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