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    judy123's Avatar
    judy123 Posts: 6, Reputation: 1
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    #1

    Nov 16, 2007, 10:30 AM
    Husband throwing wife out
    Can a husband evict his wife. There is no lease on the rented home. The husband pays the rent. He thretens his wife that he is going to have the sherrif serve her with an eviction notice and a restraining order...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 16, 2007, 10:35 AM
    Quote Originally Posted by judy123
    can a husband evict his wife. there is no lease on the rented home. the husband pays the rent. he thretens his wife that he is going to have the sherrif serve her with an eviction notice and a restraining order.....

    Can't speak for all States but, no, not in NYS IF that is the residence of husband and wife.

    If he does get a restraining order, yes, the Court can order one party out of the house.
    Megg's Avatar
    Megg Posts: 421, Reputation: 53
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    #3

    Nov 16, 2007, 10:36 AM
    Im not sure.. but honestly what kind of husband is that? He don't even deserve the title "husband". It's a thing called divorce.. too much of it. But you got to do what you got to do. Oh an personally if he told me to leave id be like no don't think so. Were married and by law (or at least I think) our assets are shared. So therefore he can't just kick you out. If he got a prob with you then its called.. . he needs help if you have done nothing-therefore go to a consulor. If he's always been an ars then time to walk out and stay out. Good luck. Honeslty. Men who needs them. I hope you find a real man... this guys clearly not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 16, 2007, 10:46 AM
    The only one who can evict is the landlord. Since its unlikely that a wife is the tenant and the husband the landlord, then that's an empty threat.

    However, he could get a restraining order against her IF he has legal grounds. Which could force her out of the house.

    In my opinion, however, she needs to worry about getting a divorce not about eviction.
    judy123's Avatar
    judy123 Posts: 6, Reputation: 1
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    #5

    Nov 16, 2007, 10:50 AM
    Follow-up to husband throwing wife out
    The reason he wants to throw her out is because they actually live in separate rooms and there is no contact. No sex either. So there doesn't seem to be a good enough reason for a restraining order right?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 16, 2007, 10:56 AM
    First please use the Quick Reply, don't start a new thread.I've moved the post for you.

    I don't see grounds for a restraining order. But I do see grounds for either of them filing for divorce. And then a court will decide who keeps the apartment..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Nov 16, 2007, 11:07 AM
    Quote Originally Posted by judy123
    the reason he wants to throw her out is because they actually live in seperate rooms and there is no contact. no sex either. so there doesn't seem to be a good enough reason for a restraining order right?

    No, not having sex isn't a reason for a restraining order - although it is an interesting concept in law.
    judy123's Avatar
    judy123 Posts: 6, Reputation: 1
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    #8

    Nov 16, 2007, 11:09 AM
    Comment on JudyKayTee's post
    Because it helped me and the response was so quick.
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