Divorce Could Lead To Eviction From Rental Property

Added January 30, 2006 by Ilyce R. Glink

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Summary: After a divorce is completed, can a spouse be evicted from his home? It depends on where the spouse lives and who owns the property. If the home used to be the primary residence of the married couple and the spouse who lives in the home did not win the home in the divorce settlement he can be evicted. If it's a regular rental property, eviction depends on the terms of the lease. And if there's no lease, it's likely the spouse is living there on a month-to-month basis, which means the landlord must give only 30 days notice for eviction.

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 30-day notice at any time that you must leave the property at the end of applicable month.

Jan. 30, 2006.

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