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This may be different from state to state. You need to be careful with this one. Whether or not there is a recognized marriage, if the lease happens to be in the husband's namethen in most jurisdictions the wife cannot kick the husband out. The wife could find herself out of the apartment instead. The best plan for the wife, particularly if there is domestic violence, is to contact a local agency that can help her find a place to stay until she is able to relocate.

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12y ago
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13y ago

yes, a wife can kick the husband out of the apartment if it is rented in her name only. but if they rented the apartment together the husband and wife have to decide what is going to happen. The way this situation usally works is that either she will leave or the husband will leave.

Another view: The above answer is NOT true iin all states. It MIGHT be true if the male half of the pair was only a BF and not a husband. The fact that they are married gives him (actually them both) certain legal rights, regardless of WHO's name the apartment is rented in.

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11y ago

The sole owner of the house can force someone out but they may need to do that according to state law regarding notice. If you are both on the deed, he cannot force you out without a court order. If you are both tenants on a lease you have rights. You should consult with an attorney who can review the details and explain your rights and options.

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6y ago

If you own the house, you should give your mother notice that she needs to be out of the house by a certain time and date (keep record of it). If she is not out of the property by the certain time and date, you should contact law enforcement to escort her off the property.

If you do not own the house, you're not entitled to live there.

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14y ago

No. Marital relations aren't actionable under contract law or torts.

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Q: Can a wife kick her husband out of their apartment?
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