Can your wife legally kick you out?

In California, it is possible to legally force your spouse to move out of your home and stay away for a certain length of time. One can only get such a court order, however, if he or she shows assault or threats of assault in an emergency or the potential for physical or emotional harm in a non-emergency.

Can my husband kick me out if I’m not on the lease?

No, you cannot be kicked out of your apartment just because your name is not on the lease.

Can my wife kick me out of the house in her name?

Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence.

Where to live when your wife kicks you out?

In California, both parties are entitled to reside at the family residence, especially if a community asset (acquired during the marriage). Neither party has a right to “kick out” the other spouse but by court order if there is imminent harm and the “out” spouse has a suitable place to live.

Can my husband kick me out of the house we both own?

Can I Ask my Wife to leave an apartment without her name?

Generally, if a person’s name isn’t on a lease then that person has no legal right to stay in a leased rental residence. This standard is why people believe it is legal to ask a wife to leave an apartment if her name isn’t on the lease.

What happens if your name is not on a lease?

Normal Lease Regulations Generally, if a person’s name isn’t on a lease then that person has no legal right to stay in a leased rental residence. This standard is why people believe it is legal to ask a wife to leave an apartment if her name isn’t on the lease.

Can a roommate break a lease if her name is on?

If your roommate’s name is on the lease, she’s a co-tenant. Whether she moved in when you did or replaced your original roommate, she has as much legal right to the space as you do. Even if she breaks the lease, only the landlord can act against her.

Can my girlfriend evict me from my apartment?

Legally, properly, with a required waiting period and all the niceties, but she can still evict you. If both your names are on a lease agreement, she could request the landlord to remove your name from the lease, but the landlord has no legal obligation to do that.