If I'm filing for a divorce, can I stay at the house that we are renting from his mom? 13 Answers as of November 05, 2013

I will file for a divorce. We are renting the house from my mom in law. We've been married for almost 5 years, just had an 8 month old baby. I'd like to stay in the house for a certain period of time or just during the process. My work is near the house as well as the daycare of my baby. Do I have the right to stay? I can't stand seeing him. It causes more emotional pain, and most of the things around the house are mine. Please help.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You will be able to stay in the house for a limited period of time since the child is with you and it is marital residence.
Answer Applies to: Georgia
Replied: 11/5/2013
Law Offices of Frances Headley | Frances Headley
It may be possible for you to get temporary control of the house by requesting the order from the court or by agreement with your spouse. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 11/5/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Start with the lease. If your mother in law didn't give you a lease, then she can toss you out with a 30 day notice. If you do have a lease, either one of you can stay for the duration of the lease. It would be best to go to court on a motion for temporary orders to have the court establish a temporary parenting plan, child support order and allocate use of the house, car etc. while the dissolution is pending.
Answer Applies to: Washington
Replied: 11/5/2013
Provda Law Firm
Provda Law Firm | Bruce Provda
If you are on the lease and are paying rent you have the right to stay.
Answer Applies to: New York
Replied: 11/5/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You have all the rights of a "tenant at will", meaning that the owner (his mom) could give you 30 days' notice to quit and file and serve an Unlawful Detainer lawsuit against you if she chose to do so. So don't offend her and don't claim that you have the right to stay. But her son (your husband) also can stay there if his mom wants. If a party threatens or commits domestic violence, the victim can apply to the Court for Domestic Violence Restraining Orders to have the offender excluded from the parties' home and order the offender to stay away (a certain distance) from the victim.
Answer Applies to: California
Replied: 11/5/2013
    Oscar E. Toscano | Oscar E. Toscano
    Get a good lawyer. Your request is not that unusual.
    Answer Applies to: California
    Replied: 11/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You only have the right to stay if mom will continue to rent to you. If she doesn't, then you will have to leave.
    Answer Applies to: Idaho
    Replied: 11/5/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    What will happen in your situation depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 11/5/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    In theory, yes. Whether or not it is a good idea for you depends on what you predict your post-filing interaction will be like. Is there a lease in place? Is everything correct and current on your end? Will the mom in law behave as a good business landlord, or as a woman whose been told her son isn't a good enough man to be your spouse and in home father of her grandchild who also has a lease to try and use as a weapon against you for any infraction, or no lease and can move to evict on a whim.. If obtaining a divorce is not immediately necessary for your safety or the safety of the child, you might want to have a different plan, one that does not leave you in direct contact with the mother of the man you are shedding .
    Answer Applies to: Oklahoma
    Replied: 11/5/2013
    Diane l. Berger | Diane L. Berger
    Whether or not you can state in your current home is really going to be entirely up to your mother-in-law. She is the owner of the property and can therefore determine who resides in her home.
    Answer Applies to: Nebraska
    Replied: 11/5/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Yes. All of the issues between you and your spouse can be negotiated during the divorce process.
    Answer Applies to: New Jersey
    Replied: 11/5/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    As long as you can peacefully cohabit in the residence while sorting out your ultimate living arrangements, the court would not issue orders requiring you to leave. Explore the options of receiving child and spousal support as a feature to assist your relocation into another housing arrangement.
    Answer Applies to: California
    Replied: 11/5/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on the ease and rental agreement. You will be needing an attorney, better sooner than later.
    Answer Applies to: Michigan
    Replied: 11/5/2013
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