Can I evict my wife (soon to be ex) from my apartment if she is not on the lease?

Attorney answers (3)

1. Licensed in MA

   

   Kelly Broadbent

   Holden Criminal Defense Attorney

   Contributor Level 12

   3

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   Answered January 25, 2012 13:00. If you have already filed for divorce, you can file a motion for temporary orders in tge family court to address who will remain in the apartment and payment of rent.

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2. Licensed in MA

   

   Christopher Vaughn-Martel

   Boston Family Law Attorney

   Contributor Level 17

   2

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   Answered January 25, 2012 16:44. I am guessing from your question that you do not have counsel.
   
   You cannot evict her if you are in the middle of a divorce. Do either of you have friends or relatives that you can stay with during your divorce? Whether or not it is appropriate to move her out, or for you to move out, depends on a number of factors. Make sure that your divorce agreement properly deals with this issue when the time comes.

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3. 

   Rixon Rafter

   Fairfax Landlord / Tenant Lawyer

   Contributor Level 20

   2

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   Answered January 25, 2012 12:23. If you are not legally separated, and not yet divorced I don't see how you can evict her.
   
   As uncomfortable as it might sound, as a married couple you each have certain obligations to the other as a matter of law---a spouse is more than a mere licensee (because the owner of the property has allowed the licensee to enter) as a resuolt, you will likely need a protection order, and that would only be granted after showing good cause why you need to be protected from your wife.
   
   Best option is to negotiate with her--figure out where she will stay, how much it will cost, and how it will be paid for, then help her to make it happen (I know I am making that sound easier than it is).
   
   Recommend you pull up Howard M. Lewis' profile on the avvo.website. He is one of the best divorce attorneys in Boston. Give his office a call and see if they can help advise you on this matter as well.

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