My name is on a property,along with my wife, that we are renting to a tenant that is way behind on rent and we are getting a divorce. My wife took care of the finances and won't let me even know the tenants full name or phone number..I am getting mortgage bills with late fees from the bank while she is going to collect small amounts of rent and using it for her own gain. I am staying with a friend and need a home for she has kicked me out, how do I go about evicting the tenants legally? I don't know how far behind or how much they owe and my soon to be Ex will not let me have the details. I have proof that I am owner of the property. They a have not called yet and I have left one more note for them to contact me but nothing yet. Thank You, SBJ
No, they do not have to be notarized. However, a declaration or affidavit of service stating when and how it was served should be attached when filing with the court. (If using an affidavit, you will need it notarized, so a declaration is preferable.)
If you are getting a divorce, the divorce court will be able to divide up assets and liabilities. You should be able to get all that information about the tenant through the discovery in the divorce case. If you do not have a divorce attorney you should probable set up and initial consultation with one sooner rather then latter. The same attorney may be able to handle your eviction as will as your divorce.
My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline