-- Answers to Questions About Real Estate Law
Money and real estate news you can use everyday

Real Estate Lawyer
Question of the Week
Tip of the Week
Recommended Books
Contact Sam

Divorce Leads to Eviction

Ask the Real Estate Lawyer: Real Estate Law Q&A

REM # LAW 684

By Ilyce R. Glink and Samuel J. Tamkin

Summary: A reader wonders if a spouse can be evicted after a divorce. Sam and Ilyce give answers to various housing scenerios.

Q: Can a spouse be evicted from his home after a divorce if there is no written lease?
(article continues below useful links)

A: You didn’t include a whole lot of detail in your short question, so we’ll have to make a few assumptions in order to flesh out an answer.

In one possible scenario, let’s assume the home was the marital residence and was lived in by both spouses. After the divorce, the husband remained in the home and the wife now owns the home. The wife can have the ex-husband kicked out of the home if he refuses to leave.

If your question relates to a rental property you have lived in and either the lease expired or you never had a written lease, the owner of the property can tell the tenant that he or she is no longer welcome as a tenant once the term of the lease has expired. If the tenant refuses to move out, the owner has the right to evict the tenant, whether or not he is married.

By the way, if you have no lease and are in a rental situation, you are most likely a tenant governed by a month-to-month lease. The owner of the property can generally give you a thirty day notice at any time that you must leave the property at the end of applicable month.

Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyce’s website




RSS Feeds

RSS 0.91 Feed
RSS 1.0 Feed
RSS 2.0 Feed

Home Buying   Using Attorneys to Buy a Home - Earnest Money - Quitclaim Deeds - Easements - Seller Misreprensation - New Construction - Buying with Partners - Home Inspections - Seller Problems - Agent Issues
Home Selling    Using Attorneys to Sell a Home - Seller Disclosure laws - Title Problems - Buyer Problems - Real Estate Agent Issues - Tax Considerations
Home Ownership   Neighbor Problems - Seller Misrepresentation And Fraud Issues - Problems In a Condominium Development - Problems Around The House - New Construction Issues - Subdividing Land
Home Renovation   Architect Issues - Contractor Issues - Problems With Contractors - Inspection Issues - Certificate Of Occupancy - Municipal Inspections - Punch List Issues - Financing Issues - Installment Contracts
Real Estate  
Loan Application Problems - Refinancing Issues - Paying Off An Old Loan - Credit Problems - Seller Recommended Lender - Prepaying A Loan - Prepayment Penalties - Predatory Lenders
1031 Exchanges - Financing Investment Properties - Landlord and Tenant Issues - Partnership and Company Considerations - Tax Considerations - Subdividing Land
Contact Us | Sitemap | Terms of Use | Copyright ©2001-2005. ThinkGlink Inc. All rights reserved.
Reproduction of material from any pages without written permission is strictly prohibited.
Site design by Walker Sands Communications