Can one spouse evict the other if only one spouse has signed the lease?

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  • 3 weeks ago

     Technically, if there is no temporary order in place preventing it, the person on the lease or mortgage could attempt to evict their spouse using legal means.

  • 3 weeks ago

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  • 3 weeks ago

     Technically, if there is no temporary order in place preventing it, the person on the lease or mortgage could attempt to evict their spouse using legal means. Whether or not this is a good idea is a different story—forcing a spouse to move out against his or her own volition will reflect negatively on that person in divorce court, and may not be worth the eventual consequences.

  • Anonymous
    3 weeks ago

    Probably.  You need to ask a local lawyer.

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  • Anonymous
    3 weeks ago

    The police need to slap both of you and tell you to grow up.

  • 3 weeks ago

    If they divorce or separate, yes.

  • 3 weeks ago

    Only the landlord can evict anyone

    • Boomerful3 weeks agoReport

      Don't Call Names! Use communication! This starts out as a simple question - but a college law class could argue for HOURS on it, because it has many facets and complications. Use critical thinking. Technically, not enough facts are known. Especially what lease says.

  • 3 weeks ago

    No. Only the landlord can evict. Landlords will usually require both to sign the lease but do not have to, as the marriage covers both.

    The only ways for one spouse to get the other out are to legally dissolve the marriage, or for one spouse to obtain a legal order of protection against the other.

    • Boomerful3 weeks agoReport

      I think you are right. Also, I warned couple to settle things quietly and amicably because too much DRAMA? And that landlord will kick both of them out. Landlords don't like domestic squabbles.

  • 3 weeks ago

    I wouldn't think so. Marriage is like a business & you're in it together for better or for worse. You can't just evict your spouse unless you file for divorce & then have a judge order the spouse to move.

    • Boomerful3 weeks agoReport

      But if the squabbling couple causes the current landlord problems = They'll both be out on the streets, plus their credit will be tainted. They can be wise and learn something from this; but probably not.

  • Anonymous
    3 weeks ago

    Only a judge can order an eviction.

    • Nuff Sed
      Lv 7
      3 weeks agoReport

      So what? If the landlord doesn't START the eviction, the judge never hears about it. Your answer is like saying "only a judge can order you to pay your bills".

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