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How can I kick out my husband from out apartment legal?

My husband often go to casino ,I am not happy about this .He told me he will not go there anymore, but he always breaks his words again and again. yesterday he spent 24hours in casino and lost 6000 dollars . During 24 hours he even didn't answer my calls.

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Asked by cherry886 at 9:43 PM on Aug. 17, 2013 in General Parenting

Level 1 (2 Credits)
Answers (9)
  • Is his name on the lease? If so, I'm not sure there is anything you can do. It is his home, as well.

    Answer by Mrs_Prissy at 9:44 PM on Aug. 17, 2013

  • You can not deny him access to his own residence without a court order.

    Answer by Dardenella at 9:46 PM on Aug. 17, 2013

  • If his names is on the lease. You can't. But you can take your name off I think and move out. That make you not liable to pay rent there if he doesn't.

    Answer by louise2 at 9:51 PM on Aug. 17, 2013

  • Thanks for you all , His name is on the lease.

    Comment by cherry886 (original poster) at 9:55 PM on Aug. 17, 2013

  • You can't
    Yeah,YOU can leave if you're that unhappy

    Answer by butterflyblue19 at 9:59 PM on Aug. 17, 2013

  • I was manager for 2 separate apartment complexes and the answer is that you can not. You can get a divorce and have that as part of your divorce agreement. In most, if not all states, if you are both on the lease both are responsible, together and separately for all rents and fees for the terms of the lease. No lease holder can be denied access to th rented property without notice from the court.

    This would mean that you might file a protection order from him but that eithr one of you can be within the apartment. What many do not understand is that most of those orders basically go both ways for the landlord. If Mrs. has the order and leaves the premises and Mr. enters, she is not allowed to go to the home while he is there. The apartment manager does not intervene and you have to call the police, which will tell you that. If he has been banned by the judge from the premises, that is a different story.

    Answer by Dardenella at 10:18 PM on Aug. 17, 2013

  • And since you are married, all property is jointly owned.
    You can always leave but you are just as responsible for the rent as he is until the end of the lease. This means if he defaults, you will be dunned for the rent. If you default both of you will be sued for not payment and eviction, equally, no matter who does or does not live in the home at the time.
    I hope that helps.

    Answer by Dardenella at 10:21 PM on Aug. 17, 2013

  • How much do you have left on your lease? You may need a bit of time to get a plan in place anyway if you want to leave. Save up money, figure out where you'll go, find a new home, that kind of stuff.

    Answer by Ballad at 11:27 PM on Aug. 17, 2013

  • pass 30 days him living there nothing u can do

    Answer by smiley745 at 8:18 PM on Aug. 22, 2013

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