El Guapo

My wife and I currently live in a home that we are renting. We have lived there a couple years and the original lease was for one year. We are now month-to-month.

A few months ago my wife filed for divorce. It may be another few months before we are officially divorced. I want her to leave. She won't. That is my first question. How can I make her leave? If I signed another lease with just my name on it does that give me some rights to ask her to leave?

Another question has to do with buying the house. My landlord has offered it to me and I think I want to buy it. Can I buy it and close on it in the middle of a divorce? Of course I will talk to my attorney but wanted to see if anyone had any experience with either one of these.

brighterlight

Hmmmm. I am not sure and it might depend on where you live and local laws. I seriously doubt you will be able to just throw your wife out irregardless of whether or not you are the only one on the lease. After the divorce, yes, but before it's official - I doubt it. Your attorney is the one who will let you know, but I can tell you that in Texas, we're in separate bedrooms until D is final or one volunteers to move out and that's the extent of it.

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"You desire to know the art of living, my friend? It is contained in one phrase: make use of suffering."- Henri-Frederic Amiel

Lon

I see how it could be tricky, what does your separation agreement in the divorce papers say regarding the apartment? Who pays the rent right now? Are there children involved at all? what does your lawyer suggest?

If you are the one paying all the rent just get the sherriff to remove her for trespassing (unless there is an agreement in place that allows her to be there).

Ten_year_hubby

It's very difficult to get someone out of their house if they don't want to leave. What does she say when your girlfriend spends the night? What about when you and your girlfriend get up in the morning all kissy kissy?

Lon

I think there are a lot of things you could do "for yourself" that would have an influence on her desire to stay in the house. It would be a fun list! Eat lots of beans, decide to conserve water by not showering, stockpile the kitchen trash, start a new project, like building a big scale model ship, decide to paint the walls lime green to make it feel like summer in there, host bachelor parties. (note this could backfire on you too, she may decide to host all male orgies or something).

brighterlight

Don't forget to leave 2 week old dirty laundry laying around. Geez, I am making myself sick.

__________________
"You desire to know the art of living, my friend? It is contained in one phrase: make use of suffering."- Henri-Frederic Amiel

sprinter

I would tell the landlord you're out next month. Then pack and leave. Fi

Mike188

I want to buy the house. Landlord offered it to me for what he owes on it, which is a lot less that the market value. I could live in it while I build a new house and then flip it for a profit.

PBear

I think you should talk to a lawyer, and see what your options are. If you can get your landlord to terminate your existing lease that has both of your names on it and get an agreement in place with just your own, you might be able to go that way. But I wouldn't do much before talking to a lawyer.

Why won't she leave?

C