Q: We separated for 3 months and during that time I signed a lease on an apt in another state.
He moved in after our 3 month separation, and really wants to work things out. Anytime I try to leave him he threatens suicide, terrifying me into staying. I want him to move out, only my name is on the lease, and utilities in my name only. Can I legally make him move out? We also have a dog that we acquired. Score we were married and I am the sole responsible owner. Could he try to take my dog?
A:
There are various ways to get your ex to leave your apartment. These range from giving 30 days notice to leave to seeking a court order to force him to leave (the latter will require a lawyer). As for the dog, it is chattel (living property) and likely is part of the marital estate and thus can be subject to division (note, this does not mean sharing ownership time like child custody). He can try to take the dog with him (which is legal in the pre-court order stage), but you can also demand that you keep the dog (which is also legal). Ultimately the divorce will decide you gets the dog (usually it goes to the legal owner and/or the person who cared for the animal the most).
You may want to consider hiring a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
