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Veronicalynn464 · Jan 4, 2012, 11:43 AM

How many day notice does a wife have to give to her husband before evicting him in South Carolina?

smoothy · Jan 4, 2012, 12:04 PM

If he is part owner... you can't...

We need more information in this case

Veronicalynn464 · Jan 4, 2012, 01:06 PM

How many day notice does a wife have to give to her husband before evicting him in South Carolina? He does not own the property or any property or pay any bills for the property . In SC you have to live separate and apart for 1 year before being able to get a divorce. How can you get a divorce if he won't leave the property. Eviction is the only solution.There are no children no marital property nothing to stay tied together.

JudyKayTee · Jan 4, 2012, 01:12 PM

I'm reading that you cannot evict your spouse, no matter WHO owns the property.

You file for a separation, get the details worked out, file the separation, live apart, get divorced. Him moving out is part of the separation agreement. I've seen people forced to live together for a fairly lengthy period while the details are being taken care of.

Getting the divorce is only somewhat connected to where he lives and where you live.

Do you have an Attorney?

Of course, you can always try to file eviction papers and see what he does.

These are the conditions under which you can evict in SC:

"A landlord may bring an action of ejectment against a tenant in these situations:

When a tenant fails or refuses to pay rent when it is due.

When the term of the tenancy or occupancy has ended.

When the terms or conditions of the rental agreement have been violated."

Here is what you do: South Carolina Evictions

joypulv · Jan 4, 2012, 01:14 PM

You can't evict a spouse.
You either leave for a year and get a no fault divorce, or get a fault divorce and stay where you are:

Fault:
(1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-10)