Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

i would like a separation from my husband. we rent a house

Customer Question
from his mother, my name...
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
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 hours by:
12/1/2008
Family Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
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.



If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Attorney & Mediator
Category: Family Law
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
Attorney & Mediator and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Attorney & Mediator Your Own Question
Attorney & Mediator
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20,012
20,012 Satisfied Customers
Experience: Attorney & Certified Mediator

Attorney & Mediator is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am trying to file a restraining order against my ex
I am trying to file a restraining order against my ex husband who is using very psychologically abusive tactics against me. He has caused me great emotional distress and trauma. I would like to file a… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
My wife filed a false restraining order against me I
My wife filed a false restraining order against me I couldn't make it to court so I was hit hard with an extra 200$ added to my child support as well as domestic violence classes and a restraining ord… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Is it possible to file a restraining order against my
Is it possible to file a restraining order against my ex-boyfriend even though we have a child together? … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I have a restraining order against me and the lady who has
I have a restraining order against me and the lady who has it broke it herself 4 times, do I have the legal right to take it back to court and get it removed? I … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
My brother has a restraining order against him, from his
my brother has a restraining order against him, from his wife- that being said, she is out of commission physically and asked him to stay at her house to take care of the kids while the order is still… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
Is it a waste of time appealing a restraining order Renewal
Is it a waste of time appealing a restraining order Renewal in California, Contra Costa county?I am going through a divorce, my X came to my house 7 times and I had to call the cops on her 7 times and… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,039 satisfied customers
I am trying to file a Restraining Order not Protective Order
I am trying to file a Restraining Order not Protective Order for a former domestic partner What do I need to do? … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
How do i get restraining order to get wife out of my
how do i get restraining order to get wife out of my separate property home? when she gets served the notice to attend hearing in 30 days she will scratch herself and call police saying I did it… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Just wondering on who can report a restraining order
Just wondering on who can report a restraining order violation. My sister has one on her ex-boyfriend due to physical abuse. Currently she is allowing him to violate the restraining order and has lost… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
Is the restraining order still in effect IF the one who took
is the restraining order still in effect IF the one who took it out is the one who breaks it? this is n.y.st. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Can I put a restraining order against my ex girlfriends
Can I put a restraining order against my ex girlfriends boyfriend for my child … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,464 satisfied customers
Is it possible to file a restraining order to keep a 5 year
Is it possible to file a restraining order to keep a 5 year old from spending time with her disabled father who wants to put her on a four wheeler which I feel is compromising her safety? I feel it is… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Somebody filled a false request for restraining order
somebody filled a false request for restraining order against me. It has falsehoods that can be proven. … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
I filed a domestic violence restraining order that was
Hello. I filed a domestic violence restraining order that was temporarily approved. However when it came to court, the respondant brought an attorney where I did not bring mine even though I had one o… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I was granted a permanent restraining order by Arapahoe
I was granted a permanent restraining order by Arapahoe District Court against an individual who resides in Denver County. My PRO states that it requires service on the restrained person before its pr… read more
lawyerJ
lawyerJ
Juris Doctorate
127 satisfied customers
In a SAPC where an application for a restraining order has
In a SAPC where an application for a restraining order has been denied six months ago, can a new application be submitted where it can be shown that the person sought to be restrained continues in the… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I recieved a protection restraining order from a judge. and
I recieved a protection restraining order from a judge. and it is a lie completely.the judge has asked me to come to court can I bring a witness… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
Restraining order for harrassment. Mother of my child wanted
restraining order for harrassment. Mother of my child wanted me to return my son early for her graduation. On that date we got into a verbal altercation then 4 days later she filed a harrassment restr… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x