How do I remove my spouse from our home

[sher13]

What is the name of your state? NY

[Ohiogal]

Legally you need a court order removing him from the marital residence. File for divorce and ask for sole possession of the home until the final decree.

[nextwife]

Also: who is the owner/leasee of the residence?

If rented: Did the LL lease/rent to both of you together or to just one or the other? To whom has he/she granted the legal right to be there?

[Ohiogal]

Originally Posted by nextwife

Also: who is the owner/leasee of the residence?

If rented: Did the LL lease/rent to both of you together or to just one or the other? To whom has he/she granted the legal right to be there?

That may not matter at all in removing the spouse at this juncture. It matters when it comes who retains ownership.

[nextwife]

Originally Posted by Ohiogal

That may not matter at all in removing the spouse at this juncture. It matters when it comes who retains ownership.

It makes a difference in who gets to stay longer term. If the LL rented to only one of them (example, before, the marriage occured) lease terms may not require him to continue to rent to a "third party" once the LLs tenant has moved out. A property owner entres into an agreement to provide THEIR property to the tenant for whom they have run the credit checks, verified employment or income, etc. A LL is not necessarilly obligated to allow a third party to stay alone in a rental, when the rental agreement is NOT with the occupant. So it's something that should be considered in deciding "who will stay and who will go"

[Ohiogal]

Originally Posted by nextwife

It makes a difference in who gets to stay longer term. If the LL rented to only one of them (example, before, the marriage occured) lease terms may not require him to continue to rent to a "third party" once the LLs tenant has moved out. A property owner entres into an agreement to provide THEIR property to the tenant for whom they have run the credit checks, verified employment or income, etc. A LL is not necessarilly obligated to allow a third party to stay alone in a rental, when the rental agreement is NOT with the occupant. So it's something that should be considered in deciding "who will stay and who will go"

I think we are both saying the same thing. Temporarily it doesn't matter HOWEVER longterm for (I used ownership but possession may have been the better term) who is on the lease or deed matters.