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

Boston, MA |

I live in the state of Massachusetts my wife (soon to be ex) will not leave the apartment.She is not on the lease and she does not help pay for rent (or anything else) We have NO children. Is there anything I can do to get her out?

Attorney Answers 3


  1. 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.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


  2. 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.


  3. 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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