Evicting spouse from SC rental
Asked Jan 29, 2013, 02:05 PM
I am in the process of separating/divorcing from my husband. I am working on retaining my lawyer and currently still reside in the same house as my husband and children. (Financially, I have no choice but to stay in the house). The utility bills are in both our names- even though "he" pays them. I do pay "rent" to him. There is no separation agreement filed yet.
My husband has been telling me that on Mar 1 he can legally kick me out- but obviously, won't tell me how/why. My thoughts on this are that he is going to resign the lease with the landlord without my name on it, and then attempt to evict me.
Can he do this? How can I "one-up" him and make it difficult for him to evict me?
*side note* I'm sure this will also play in my favor: 99% of the time, I make the rent payment to the landlord, and the receipt is given in my name. If I continue to do this even if my name is not on the lease, will I still have rights?