Divorce Leads to Eviction
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM # LAW 684
By Ilyce R. Glink and Samuel J. Tamkin
Summary: A reader wonders if a spouse can be evicted after a divorce. Sam and Ilyce give answers to various housing scenarios.
Q: Can a spouse be evicted from his home after a divorce if there is no written
lease?
A: You didn’t include a whole lot of detail in your short question, so we’ll have to make a few assumptions in order to flesh out an answer.
In one possible scenario, let’s assume the home was the marital residence and was lived in by both spouses. After the divorce, the husband remained in the home and the wife now owns the home. The wife can have the ex-husband kicked out of the home if he refuses to leave.
If your question relates to a rental property you have lived in and either the lease expired or you never had a written lease, the owner of the property can tell the tenant that he or she is no longer welcome as a tenant once the term of the lease has expired. If the tenant refuses to move out, the owner has the right to evict the tenant, whether or not he is married.
By the way, if you have no lease and are in a rental situation, you are most likely a tenant governed by a month-to-month lease. The owner of the property can generally give you a thirty day notice at any time that you must leave the property at the end of applicable month.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website www.thinkglink.com
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