Questions and Answers

How do I get my husband to sign the lease stating that he does not live here?

My husband and I are currently living in seperate homes. Since, he is living at a location where he has not signed the lease he keeps himself on this lease, which is where I am located. He will not give up the keys and the landlord is not able to request them, nor will he sign off on the lease stating that he is not living here. I also do not know where he is living now. He thinks he can continue to come and go as he pleases, even when I am not here. What am I able to do, legally?

Answer

If you have filed for divorce, then the Court has the power to order an “exclusive use and possession” award of the marital home. You must ask for that in your complaint for divorce and, based on the facts here, the Court will probably grant it. If he continues to enter the house, you should consider speaking to an attorney about getting an injunction to prevent this harassing behavior. The Court may require him to give you the keys, or once you have an order you can change the locks. Remember, that you deserve privacy in your residence just as you cannot enter his residence, he cannot enter yours.

In the meantime, you’d be wise to lock up your valuables or keep them at someone else’s house.

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