how do I get spouse out of the house?

[manickats]

What is the name of your state? Ohio

My husband and I are both on the lease for our apartment. Is there any way to force him to leave before I file for divorce? how do I make him leave even if I file for divorce?

Lynn in [email protected]

 

[VeronicaGia]

No not really. Since you are both on the lease, you are both responsible for the payment and both have the right to be there.

Once you file for divorce, things could change.

 

[julie4796]

I have a friend in Ohio who was in this same situation. She went to the landlord, expplained the situation and had a new lease drawn up with just her name on it.. THEN the landlord served teh EX with a three day notice that he had to comply with...

 

[JETX]

I have a friend in Ohio who was in this same situation. She went to the landlord, expplained the situation and had a new lease drawn up with just her name on it.. THEN the landlord served teh EX with a three day notice that he had to comply with...

Sorry, but what your friend is telling you is either not the full story or something got 'lost in the translation'.

Reality is:
1) If the tenants had no lease and were 'at will' tenants, the landlord cannot enter into a new lease without giving ALL the tenants (including spouse) 30 day notice to vacate. And even then, if the spouse refused to leave, the landlord would have had to proceed with a detainer (eviction).
2) If the tenants did have a written lease of specific term, the landlord cannot void that lease without approval of ALL parties (including the spouse).

In any case, the above would have to be done before the landlord would have the right to enter into a new lease (with the remaining spouse).