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    Erininaustin's Avatar
    Erininaustin Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 16, 2013, 11:12 PM
    Not all signatures/Legally binding lease?
    Husband and I own a home. He apparently leased it to a woman he was having an affair with. I just found out about all of this. I didn't even know she was living there. Since I didn't sign the lease, is it still binding? She says the lease states she can stay there until August 2014. On top of that she didn't pay any rent for September. (Another thing I was unaware of- my husband receiving rent). I thought the house was vacant. Please help me. I want her out so I can go live there with my son. Who, by the way, has a mental illness and has depleted most of our assets already.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Sep 17, 2013, 03:18 AM
    If you are on the deed and did not agree to the lease, then it should be voidable. On the other hand, you can't evict without both owners being in agreement. So you are kind of caught in a Catch 22.

    I think the only way you get her out is by filing for divorce and getting control of the property as part of the divorce decree.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #3

    Sep 17, 2013, 07:53 AM
    I think I would tell him go live there with her and you stay where you are already.living.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Sep 17, 2013, 09:34 AM
    On top of that she didn't pay any rent for September.
    How do you know that?

    I would serve her with a written notice to quit, giving her the 30 days or whatever notice is required in your state or country. If she doesn't leave in that time get an attorney in your jurisdiction about suing her to evict. I don't necessarily agree that your husband must join such as suit as a plaintiff, particularly under these circumstances.
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