My husband filed for divorce and I was served with the papers last week. We are currently still both living in the same home, which we rent. We have lived in this house for two years and the lease expires this week. My husband refuses to sign the new lease. I have signed it as I wish to remain in this house, at least for the time being. The landlords told me that both of us need to sign the lease as long as we are both living here, but they will amend it if/when he moves out to be in just my name. What can I do? Can a judge force him to sign? Can the landlords evict him? He says if I agree in writing now to his custody terms he will move out but I'd rather work those terms out in mediation.
If neither of you signs you have a month to month lease.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
The court might require him to sign the lease, but if you just got served, it's unlikely that you'll see a judge in the 1 week left on the lease. If the lease isn't signed, you"re landlord may try to evict you, but probably not if the rent is paid monthly.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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