My husband and I are separating and he wants me to take him to court, but I want him out asap, he said he will leave in 3 weeks I ask him can I get it in writing and notarized he said yes. Is that vailed?
Dear Brooklyn Tenant
You will require a lawyer for your divorce.
Does it really matter if a notarized memorialization is not a legal foundation for a lawsuit if your husband believes that making the written promise forces him to move?
There is no traditional eviction lawsuit for a wife to remove a husband. If you intend to go through with a legal separation you may as well line up your lawyer now.
I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. The answer I provided to you does not create an attorney and client relation. You are free to check my office contact information at my AVVO profile. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can.
As counsel points out, you need a divorce lawyer. Your husband may sign and notarize a letter saying he will get out in 3 weeks and then not do so and you will be in the same position, namely having to file for divorce and filing a motion for exclusive use of the residence during the pendency of the divorce, perhaps with your notarized letter as an exhibit to your motion showing that he agreed to get out and has changed his mind.
No. It is not valid. Technically you can do it through divorce with a stipulation or through eviction.
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