can my wife put me out of our apartment just because we are getting adivorce?

Question

my wife keeps calling the police on me and they keep putting me out of my apartment i havent done anything illegal but i always have to leave

Answer 1

You are doing something wrong if they are removing you. Leave her alone and stop trying to go back.

Answer 2

If you haven't done anything and you are getting a divorce, why do you still hang around her. She want to be free of you. That is not right, you are blocking her life and you could be intentionally trying to do that. Get your own apartment. I made a mistake and married a man like that. I had the place before I married him, the furniture was mines and he contribute nothing to the marriage except a hard time and did not want to leave my house. Oh and if she is taking care of all of the bills, and you do nothing, IT IS HER HOUSE!!! But really she is suppose to give you 30 days notice. But you need to leave and not go back.

Answer 3

If you haven't done anything wrong like domestic abuse or anything like that ........no. If her name is on the lease only and not urs.....yes. Most of the time both names are on the lease. If both names are on the lease then neither one of you can kick each other out. You can go to your local housing assistance office and they can give u ur state laws on tenancy rights and stuff of that sort....or call a lawyer. Sounds like you have an extremely self centered, mean and cold hearted wife. Could there be a chance of another love in her life and she wants you out as fast as she can to get him in?

Answer 4

Fred, the laws are stacked against you. All she has to do is say that you hit her, and you could end up in a holding cell. I don't know where you live, or what the laws are, but you may want to contact an attorney fast. If she can prove you abandoned the apartment, she gets it. In New York, that would be a big deal.

You may also be able to press charges against her if she is making false statements to the police.

Good Luck

Answer 5

Why would you want to be there if you are getting a divorce?

It all depends on the laws of your state. If the apartment is only in her name, then yes, she can have you thrown out. If you are harrassing her, abusing her or threatening her she can have you thrown out.

You need to check with your attorney and see what your rights are.

Obviously if you are getting a divorce you shouldn't be living together.

Answer 6

Technically, if you are paying for the apartment as well - you cannot be legally asked to leave.

However, to get a divorce, you need to show you have lived separately for a period of time (varies from state to state).

So no, legally, you cannot be asked to leave. (Though, again, if you are getting a divorce, dont know why you would want to stay).

Know its tough man. Hold on.

Answer 7

It depends on the laws in your state. Is your name on the lease? If it is get a copy of it & next time she calls the police show it to them & tell them that is your home.

Answer 8

If the lease is in her name yes she can. if you are on the lease with her she cannot put you out. If your on the lease by yourself without her she shouldn't be kicking you out. It sounds like you don't need to go back to the apartment. Good Luck

Answer 9

Is your name on lease, if so inform the police that they are violating your rights as a lease holder and you'll sue them outright.

Then inform them to remove the ex-wife if her names not on lease.
You have rights make them work for you as they work of her.

Answer 10

You have to talk to a lawyer technically no she can't depending on what state you live in. In some states you can still live together while you are getting a divorce.