Can my husband legally kick me out of the apartment since my name is not on the lease?

Back when I was trying to sign up for the lease, he wouldn’t let me. We got into a huge argument and I want to leave. He is telling me I can leave but I can’t take any of my things and he will be changing the locks. I have clothes, important mail and paperwork, and other things that I need to move out. Can he legally do this? If he does, am I able to call the police. Or how can I get back into my place to get my things?

15 Answers

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  • ?
    Lv 7
    1 month ago

    DO NOT LEAVE ... YET. 

    VIDEO RECORD the apartment and what is inside every cabinet /closet/drawer.

    Form and execute an exit plan. He cannot kick you out without an eviction notice because THAT IS and HAS BEEN Your LEGAL RESIDENCE. Do not allow him to convince you otherwise.Begin to sort YOUR things within your drawers and closet when he is not home and if possible box and store things temporarily at family or a friend's house without his knowledge. That idiot cannot KEEP YOUR THINGS! Arrange for some muscle and a truck to pickup the final load... hopefully when he is not home. 

    Keep PLANS a secret so he does not find out. On moving day, be prepared to call for police to keep the peace.

    Start NOW to move what is most important to you, without him realizing it.He cannot legally change the locks.Whatever you do, DO NOT initiate a physical confrontation because he will use a restraining order to keep you out. Secretly record his verbal threats. You have to protect yourself!

    Write to jointly owned credit cards stating as of date X you are no longer using the card and return it. If your name is on any utilities, cancel the service the day you leave. Remove your name from any joint bank accounts after taking half the money ( if you are in a 50/50 state) do check first.

    cancel any ties you have with him to mitigate your financial responsibilities after you leave.

    I would contact a lawyer for advise. He may suggest you stay put for now. But,  I would still move my important things to a safe location. Maybe there would be to your advantage for you to file for divorce before he does.

  • 1 month ago

    He can give you a notice to vacate, yes.  He cannot stop you from taking your possessions, and he cannot change the locks until he has given notice and then evicted you if you do not leave.  Start with a divorce attorney, this abuser needs to go.  He left you off the lease on purpose, knowing he could hang this over your head.  He is an incredible piece of excrement.

  • 1 month ago

    In order to legally kick you out, your husband will need to follow the eviction laws of your state. In the meantime, you can remain there. It will take some time for him to go through the process and you will have your say in court before a decision is made. He cannot keep or destroy any of your personal items.

  • 1 month ago

    Once you became a RESIDENT there, with or without permission of the landlord, you acquired certain rights that vary according to state laws.  At the very least, you have the right to be given proper notice of termination of your "tenant agreement" with your husband and  be allowed to vacate voluntarily and take "your stuff" with you or come get it later. You can EASILY have him arrested for numerous violations of your property rights, if he persists in his crazed fantasy about locking you out of your own home, regardless of what HIS lease says.

    There is such a thing as "oral contract" as applies to a sublet, if that's what you have.

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  • garry
    Lv 6
    1 month ago

    have you though he wants to divorce you . if you signed or co-signed the lease then he cant , he can leave . se a lawyer , he must let you take your property .

  • 1 month ago

    If you're legally married you need to see an attorney BEFORE you leave. Tell him or her what your husband has told you. They will prevent him from keeping your stuff and assist you with making sure you get what IS your stuff. That will most likely include your clothing and personal items, and any paperwork that is legally yours--such as birth certificates or other documents--including marriage certificates. Your husband cannot legally keep or destroy these items, and he can't prevent you from taking them. 

    If there is anything that you jointly USED that you can prove you purchased, you should be permitted to take those items as well. I hope you have receipts or credit card bills that show you were the purchaser. That would include furniture, decorative items, artwork, linens, bedding--etc. BUT DO NOT LEAVE until you consult a lawyer. 

    If you go now, you may or may not be able to recover any items he decides to toss, or destroy--and if he changes the locks, the police won't help you. Protect yourself and your stuff by NOT MOVING OUT yet. If you can, quietly transfer any mail to a PO box that is supposed to come to YOU--such as W-2 forms, banking statements, etc--and any other mail you legally get. If any of the bills are in your name and not his, you'll need to notify them as well--but you can't just NOT pay them. 

    I would also move out any small items you want to make sure you keep, if they are yours. 

    Anything owned JOINTLY--by the both of you--will have to be decided by the courts and the attorney will tell you what you can and cannot have. In some states possessions and assets are divided right down the middle--in others they aren't. Your attorney will let you know. 

  • Tavy
    Lv 7
    1 month ago

    Pack up all your stuff and call friends or family. Get them round then move out. A bully never stands up to more than one person.

  • Matt
    Lv 6
    1 month ago

    yes, but he can not hold your personal effects from you, if you are not able to take them with you when you leave you can contact the police to oversee a time when you can go pick up your belongings 

  • 1 month ago

    Pack up all you stuff and leave.  Sinice its his name on the lease, you are the one who should leave but he can't make you leave your stuff there. If he does, then I suggest you call the police they will set him straight. Even though your name is not on the lesae, you are clearly an occupant and thus he can't just steal your stuff because its located in his leased apartment.

  • 1 month ago

    Call a bunch of friends over,  each takes a bunch of boxes of your stuff out.  You all leave at the same time. 

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