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

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Originally Posted by shadow1973

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

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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.

What does this mean ",she left and now states that she has 30 days to leave"

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Originally Posted by shadow1973

and now states that she has 30 days to leave. I want to know if she has any rights at my brothers house

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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

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.