If we live in a rented house (california) and I am the only name on the lease. She has never payed the rent, all checks have been written by me from my personal account. Every month she writes me a check that I depost into my account and I pay all the bills. Does that make her a sublesee and me her landlord and if so can I give her 30 days notice?
2007-07-07 07:03:57 · 15 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Well I can give the landlord 30 days notice and there is nothing she can do to stop that. She does not even know the name of the landlord. We were seperated when I moved in here and we later reconcilled (Stupid move) and she moved in. Why isn't she a tennant is my question. I can get her out if I leave but I don't see the point in us both leaving. She cannot stay if I decide to go so why can she stay if I decide to stay?
2007-07-07 07:22:20 · update #1
Wow, the poor woman. What a creepy guy you are!
In CA you can't evict your spouse, even if you file for divorce.
She can even obtain a court order for you to continue paying until the divorce is final.
I will pray that she someday meets a decent man.
2007-07-07 11:19:56 · answer #1 · answered by Landlord 7 · 1⤊ 0⤋
No the husband can not evict his wife like that. Once married the both split everything 50-50. The only way the a person can kick out their spouse from the property is if they get a restraining order on the person because they are physically threatening them, then the person would be required to stay a certain distance from them and could not live in the house. The husband needs to get a divorce if he doesn't want to live with his wife anymore. Then let the courts decide everything.
2016-05-20 23:00:15 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Yeah, I think you can kick her out, regardless of the fact that she is your wife. Basically, the only name on the lease is the only renter. That is great you want to give her 30 days notice, but technically since she has not signed anything with you, you really do not have to give any notice at all.
2007-07-07 07:21:04 · answer #3 · answered by Willis is my cat 3 · 0⤊ 0⤋
Yikes, well California is a Community Property State she doesnt have to be on the lease to acquire an equal interest in the property interest or the debt.
Get a lawyer
List of licensed attorneys http://lalaw.lib.ca.us/free.html
Best of luck to you
2007-07-07 09:02:00 · answer #4 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
Go see a divorce laywer, some offer a free 30 minute case evaluation meeting, this should be done before you try anything else.
2007-07-07 08:09:15 · answer #5 · answered by Diane 3 · 0⤊ 0⤋
California is a community property state. Your lease can be construed as a community property asset.
Get a legal separation, first before you try this.
2007-07-07 07:08:24 · answer #6 · answered by mortgage_loan_officer 1 · 2⤊ 0⤋
if your name is on lease i think you can, but why would you want to do that?
i'd recomend sitting down and talking out whatever problems you two are having. go on the offensive and kill her with kindness and try to work it out. if you can't, then i wish you the best of luck dude.
that's a tough one.
2007-07-07 07:08:35 · answer #7 · answered by Jesus Quintana 5 · 0⤊ 0⤋
I would say no If she can show that she has written you a monthly check then she can prove residency.and prove that she has helped u with bills...Sorry No go
2007-07-07 07:14:03 · answer #8 · answered by mkys 2 · 1⤊ 0⤋
NO bc she is your wife not a roomate if she was just a roomate you could probably evict her. But not if she is your wife.
2007-07-07 07:06:15 · answer #9 · answered by knowssignlanguage 6 · 0⤊ 0⤋
The problem is, as in most areas, you invited her in, that's all.
2007-07-07 10:17:12 · answer #10 · answered by cowboydoc 7 · 0⤊ 0⤋