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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30379
Experience:  Attorney with experience in family law.
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We currently rent a home that my parents own with no lease.

Customer Question

We currently rent a home that my parents own with no lease. My parents will not stop in and evict my wife. We also have a 3yr old son and I provide the primary money for the household. We will be getting a divorce soon. Whats the easiest and fastest way to get my wife to move out? Would it help if I signed a lease by myself?
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
The way to get your wife to move out is to file a Motion for Exclusive Use and Possession of the Marital Home as part of the divorce action. Signing a lease in your name only doesn't make a difference because you're married and the house is her legal residence, too. Everything needs to go through the divorce court judge.
Usually, whichever parent is the primary caregiver of the child gets to stay in the home with the child. That's to avoid disruption as much as possible. But in either case, since it's your parents' house, the judge is likely to order her to leave and let you remain there.
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