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Angela
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I am married and live with my husband and child. I am planning

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I am married and live with my husband and child. I am planning on moving to another apartment and get a legal separation from my husband. The situation is the apartment we live in has my name and child only as the occupants of the lease. My husband name was never added because of extenuating circumstances. I have advised my husband that I plan to move as soon as I get an apartment. I have already started packing the things I will take with me. How can I legally remove him from the apartment the same time I leave so I will not be legally liable for the apartment?
Submitted: 7 years ago.
Category: Relationship
Expert:  Angela replied 7 years ago.
Hello D,
Based upon my experience the only legal way you could have him removed from the apartment would be if you had justifiable cause to have a restraining order issued against him due to domestic violence (-I certainly hope this is not the case). In general, in the U.S.A. once a person is allowed to move in with you, if he doesn't voluntarily move out, then court action would have to be taken, for example: such as with a restraining order in order to get him to leave legally. You could also try asking your landlord would he be willing to allow your husband to take over your lease and ask him to draft the paperwork up for this (-but only ask your landlord this if your husband says that he is willing to do so). In addition to this option you could also try explaining your situation to your landlord and see if he/she would allow you to break the lease (-and put this in writing) which of course would also cause him/her to keep your security deposit but would release you from your legal obligation and would normally also require your husband to move if your landlord has released you from your lease. This last option used to be called a "midnight run" meaning that you would simply vacate and clean the apartment provided your landlord has agreed to it. Finally, I would advise checking the internet or your phone book for your local "landlord/tenant association" and call them to see what other options they may offer. The more choices you have, the better.

Edited by Angela (M. A. in Community Psy.) on 4/2/2010 at 6:38 PM EST
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