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    scaredmom72's Avatar
    scaredmom72 Posts: 2, Reputation: 1
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    #1

    Sep 5, 2009, 10:42 PM
    Can my husband evict me from our home we rent?
    My husband and I rent a home and he's having an affair and is trying to evict me and our kids can he do this?
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #2

    Sep 5, 2009, 11:16 PM

    Are you on the lease?
    scaredmom72's Avatar
    scaredmom72 Posts: 2, Reputation: 1
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    #3

    Sep 5, 2009, 11:21 PM
    Quote Originally Posted by justcurious55 View Post
    are you on the lease?
    Yes but he has it but I can get another one
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #4

    Sep 5, 2009, 11:26 PM

    What do you mean he has it and you can get another one? The physical copy? That shouldn't matter. Your landlord should also have a copy. If you are both on the lease together then he cannot just evict you. The landlord would have to evict you. And just because your husband wants it done would not give your landlord a legal reason to evict you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 6, 2009, 04:24 AM

    As just curious said, as long as you signed the lease, he can't evict you. You have an equal right to reside there.

    But what you should be doing is filing for divorce. Doing that can result in him being the one to move out. Consult an attorney!
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #6

    Sep 6, 2009, 11:12 AM

    In California the answer is no, even if you are not on the lease.

    Family Code Section 753 provides:

    "Notwithstanding Section 752 and except as provided in Article
    2 (commencing with Section 2045), Article 3 (commencing with Section
    2047), or Article 4 (commencing with Section 2049) of Chapter 4 of
    Part 1 of Division 6, neither spouse may be excluded from the other's
    dwelling."
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