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Can you evict your spouse once you get divorced?

Q: Woman divorces her husband. The court can't rule on the apartment in the divorce but the divorce is finalized. It's the woman's apartment so can she take his name off the lease once they are divorced? Does she have to wait thirty days to evict him or can she move him out immediately? She has custody of the children.

A: David's Answer: If the Divorce Judge didn't give the woman "exclusive occupancy" then whether the lease is amended or not is completely up to the landlord. If the landlord's willing to amend it, then the woman would need to give her ex-husband 30 days notice of eviction - if he fails to vacate, she'd need to file an action in Housing Court to evict. Call a NYC Divorce and/or Housing attorney to schedule a consult. -- David Bliven, Bronx Divorce Attorney, (

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