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    shadow1973's Avatar
    shadow1973 Posts: 1, Reputation: 1
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    #1

    Dec 23, 2009, 06:53 AM
    do I need eviction notice to make my soon to be x wife leave my brothers house
    Me and my wife moved in to my brothers house and are now getting a divorce,she left and now states that she has 30 days to leave. I want to know if she has any rights at my brothers house or can he make her leave now
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 23, 2009, 09:34 AM
    Quote Originally Posted by shadow1973 View Post
    me and my wife moved in to my brothers house and are now getting a divorce,she left and now states that she has 30 days to leave. I want to know if she has any rights at my brothers house or can he make her leave now
    She is a tenant just as much as you are. Your brother cannot force her to leave immediately just because you are going through a divorce.

    What state is this in? Laws vary depending on the amount of time that a landlord is required to give their tenant notice to vacate.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Dec 23, 2009, 09:48 AM

    What does this mean ",she left and now states that she has 30 days to leave"
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 23, 2009, 09:59 AM
    Quote Originally Posted by shadow1973 View Post
    and now states that she has 30 days to leave. I want to know if she has any rights at my brothers house
    Hello shadow:

    It's worse than that. She has 30 days to leave AFTER she's been given WRITTEN notice, and maybe even longer depending on when notice was given. Then, and only then, can you commence eviction proceedings against her. That could take another month if you and your courts are efficient. If she's gone, but left property, then you can't touch her property until she's evicted. If you or your brother do otherwise, your brother is subject to an unlawful eviction lawsuit.

    This is a woman you once loved. Do you really want to see her on the street?

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 23, 2009, 01:10 PM

    First if she "left" who let her back in?? But if she is living there, your brother ( not you) will have to give her a 30 day notice, then at the end of that notice if she has not moved, your brother files for a eviction at court which can take another week or two.
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