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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Me and,my little son live in the house,with my elderly

Customer Question

Me and,my little son live in the house,with my elderly uncle. My uncle is the owner of the house. We do not pay the rent to my uncle, but live with him in an exchange,for helping to take,care of my uncle and his needs. My husband,also used to live here in this house,rent free for 2 years, until I filed for a divorce. Recently, we tried to reconcile and my almost-ex husband (divorce isn't final yet), moved,back inside my uncles house. Fast forward: two months after his arrival, I found his email correspondence,and photos of him engaging in a sexual relationship with another woman while he claimed to be my faithful and living husband to me. After I asked him to leave, he told me that I had no legal right to evict him since I am not the owner of the house. in a fit of range, he even locked ME outside of my uncles house where my son and I have lived for 5 years now. My uncle is 95 years old and would not want to have a confrontation with my husband, and would not feel comfortable in engaging with a police to evict anyone. My question is: what are my rights under the circumstances? Can I evict my husband, since we have a pending divorce case still active? I think, he changed his drivers license and all of his bills to show my uncles address, even though my husband has actually been back with us for only 2 months. Thank you. Sorry for the length of this question.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To ensure that I do not miss anything, I will go point by point with my response. You asked:

My question is: what are my rights under the circumstances?

You are a tenant, not an owner. As such your 'rights' to the property are exactly the same as your soon to be former husband. Neither of you can evict the other and neither of you can lock the other out. The only way you can evict is if your uncle makes you his durable power of attorney, and as the POA you can file for an eviction after giving the husband written notice, but all in the name of the uncle.

Can I evict my husband, since we have a pending divorce case still active?

No, you cannot. Being divorced, or filing for it, does not give you any right as far as eviction. In fact if married you are generally barred from evicting, period, unless the courts grant you a motion for sole occupancy.

Sincerely,

Dimitry, Esq.