How do i evict or get my wife to move back out of the house that she moved out of on her own accord for a year but we moved her back in a year later.?

Asked by Tired Of It All, American Canyon, CA Tue Dec 29, 2009

My wife and I rented this house in American Canyon starting 4 years ago that we still live in. Originally we had a 1 year lease. We have never renewed the lease so we are now on a month to month. In May of 2008 while I was out of town working my wife moved out of the house on her own accord. She never even told me she was moving out. She told me that she had moved out the day I was returning home. At that time I became fully responsible for the rent and all the other household expenses. I paid them all by myself. In May 2009 we moved her back into the house. This was a huge mistake. Since May 2009 when she moved back in she has not paid for any of the rent or contributed to the paying of any of the household expenses, including food. I ask he every pay day for money to put toward the rent and expenses or to pay a bill and she never gives me any money or pays any household bills. How do I get her out? She was suppose to move out before Thanksgiving and never has.

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Jeanie Kees DRE 01463998’s answer
Jeanie Kees…, Agent, Vallejo, CA
Sun Mar 28, 2010
You're renting a house, right? You have a contract. Is her signature on the contract? Are you planning to move?

You might seek legal advice - Hard to do when emotions are involved, but absolutely necessary.

Deep breath, keep a level head - this is the time when you're going to need it!!

Best of luck
0 votes
Dallas Texas, Agent, Dallas, TN
Wed Dec 30, 2009
If you are month to month notify landlord you will terminate your lease agreement she is held responsible for lease. You would need amend the renatal agreement stay within the terms and conditions therefore she won't move you will.

Sorry to hear this however not involved in relationship what works, and within lease agreement.

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0 votes
Bill Eckler, Agent, Venice, FL
Wed Dec 30, 2009

From what you have described, it would appear your wife is saving her money for something and is using you to accomplish this.........

It sounds like a visit with an attorney would be beneficial.........

Good luck
0 votes
Dan Chase, Home Buyer, Texas City, TX
Tue Dec 29, 2009
What can you do? Stop having food in the house. Turn the heat off. Make it so she wants to leave once more. But will it work? Doubtful.
0 votes
Dan Chase, Home Buyer, Texas City, TX
Tue Dec 29, 2009
I see one big problem here. A single word


Legally, you 2 are jointly responsible for everything. Legally, she is part of your luggage ( as you are hers). (barring a prenup stating otherwise, and those could be iffy to uphold)

Since she is your wife it would be very difficult to remove her legally without getting a divorce.
maybe I am wrong. All I can suggest is to contact your local District Attorney and ask what they say about this. You could also ask a sheriff. I bet they will say I am right. I can imagine a scenario where a husband pays the mortgage, sees the wife burn supper and tried to get her evicted from his house. The marriage contract gives certain obligations. I really think this is going to be one of them.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Tue Dec 29, 2009
Why not contact an attorney and discuss your dilemma, before changing any locks.

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