Divorce Question - Westland,MI

Hi. You DO have the right to kick him out with 30 days written notice. I know this for a fact as my mother owns the place I and others rent and I run the homes. I have dealt with similar situations and this is what I have found to be true upon research in the past. Hope this helps, good luck!

Hi E. -

I'm not 100% sure, but I would guess that it would depend if his name was on the lease or not. When I left my ex, both of our names were on the lease and I had to go to the office and ask to be removed from the lease and they said that they would need to have him sign something as well saying that he would be the only one responsible for the rent for the duration on the lease. Basically handled it as if we were 2 room mates as opposed to being married. With you renting from your family, I don't know what kind of lease you signed (if you signed one), but if you wanted him out now, maybe they could 'evict' both of you and then release to just you - or maybe they can evict just him.

I would look at the terms of your lease and ask your lawyer what your options are. If your family has more rental properties, they also probably have a lawyer that they use that might be able to provide assistance as well.

Good luck
J.

I would tend to agree with you. But I would consult a lawyer on it anyway just to be sure.

Sure wish my hubby would arrive at the same conclusion. He's in denial or something.

Good luck E.

Hello E., I don't have the answers to your legal questions, but if you ask at your local court house and police station they should be able to tell you what the law is. It is sad that your hubby doesn't have more empathy for how this will effect the children. Good luck.

Whose name is the lease in?

For now your husband is right. No one can be legally kicked out of their home with out the proper notice. If you have a lease or rental agreement with both you and your husband on it, then he has a right to be there. A landlord can give a thirty day notice, so if it is a relative who owns the home you are living in, maybe they would consider that. They may not want to get involved in that because it would surely cause hard feelings. It will be a good question to ask your attorney as to how long he can stay during the divorce process. Usually there are some temporary orders regarding childrens living arrangements until the final decisions are made, which may carry over into who stays in the marital home and who moves out. My prayers are with you and your family, this is a very difficult time for all.

I just went through a nasty divorce and honey I'm telling you to hold on to your shorts. Don't trust any lawyer, the legal system, or the court. Basically, if he leaves his place of residence, it will be considered abandonment on his part and this could hurt him in a custody issue. I didn't kick my ex out, even though I wanted to because after 34+ years of being married to a loser who constantly cheated on me during the marriage, fathered other children when we were married, constantly got suspended from his job, and had a felony conviction, I was still too kind hearted to kick him out and he wouldn't leave on his own either, he stuck around just to irritate me. Be on top of everything with the divorce, my ex represented himself in the divorce and outsmarted (and he's not a smart guy) the judge, court, legal system and my attorney because he did not comply with the JOD and left me with a huge credit card debt that the legal system, judge, court and my attorney would not enforce. Hope this helps and good luck and best wishes to you.
V.

E., sorry that you all have can this point into you all lives right now. Well most of all whom name is on your family home? before you do anything please check into your city & state laws before doing anything E.. Also seek counsel advise as well Please...This will help you out a lot.. have a Good One!!

E.,
I'm sorry that it seems you've gotten some unsolicited marital advice below... I speak from experience (coming from divorced parents myself) that I am actually better of for my parents having divorced. As long as you've explored all other options, you should feel confident in your decision. Most importantly, from here on out, make all decisions in the best interest of your kids. My paretns did an amazing job of never letting me feel as if the divorce was about me. And they NEVER fought in front of me. Now that I"m an adult, I can see that it was a little messy but they did everything in their power to keep that from me. And because of that, I had a great childhood, keeping strong bonds with both of my parents.

As for the kicking him out portion, definitely go after some legal advice. You need to be careful if he plans to file for custody. I think that if you kick him out and he wants to stay, he can use that against you in a custody battle. I just watched my sister in law go through something like this. Her ex filed for sole custody purely to get out of paying child support (he's not the worst dad in the world but definitely not worthy of full custody). He hired one of those lawyers that specialize in the man's side of divorce and his lawyer was a shark. My poor sister in law had to endure a ton. Another important thing is to DOCUMENT EVERYTHING. Keep a notebook of the time he spends with the kids vs. time out of the home and how he treats the kids including dates/times, etc. Be as detailed as possible. But make sure he can't find it. My sister in law did this and her ex (who was still living there during divorce proceedings) found her notebook and took it (then claimed he had no idea what she was talking about when she confronted him).

Anyway, best of luck and make sure to give those kids plenty of love through all of this - no matter how down you may feel. It will definitely pay off in the long run!

How long were you in marriage counseling before you realized it wasn't going to work? I was hoping to divorce for three years until we both decided to try ONE MORE TIME. We found a fabulous mediator who was able to help us see things that we could not see on our own. And throughout all of this, we only thought of our kids and how detrimental it would be to lose our family. Good luck.

If you are in Michigan it is a law you have to evict him. You have to go to your county courthouse and file a notice to quit tenancy and that would give him 30 days to move out,if he dont then he have to go back and file a summons and compaint against him and go in front of the judge. In Michigan even if you dont have a lease agreement or pay rent you still have to go through the process.. Since it is your familys home you are renting, the person who owns will have to file the evictions.. I am currently going through this and have to go to court on monday to have somneone evicted from my home. Good luck and hope all goes well!!!

E.,

I haven't been through this before but I don't believe you can force him to leave, rental house owned by your family or not. It is his residence too and if he has done nothing wrong to you or the kids you can't force him to leave. You might try discussing the living arrangements with him now that you have made the decision to divorce, that might work better and keep your relationship more amiable which is better for your children in the long run. Like I said, I haven't been through this so others may have better advice but I really don't think you can make him go if he doesn't want to. I would think it better to try your best to keep things from becoming hositle for the sake of your kids. Good luck to you.

S.

Hi E.,
My husband works for a local police department and comes accross this situation frequently. Because your family owns the property and you and your husband rent/lease it from them your landlord has to legally evict him. Regardless of whether or not his name is on the lease, if it is his permanent place of residence he has to be evicted by the landlord, in this case it would be your family who owns the property. If the two of you were to actually own a home it is a little different. Neither party HAS to leave, but if you can't decide amongst yourselves then your attorneys would have to take it before the family court judge and he/she would decide for you.
Hope this helps.
Good luck ~ T. K