Legal Question in Landlord & Tenant Law in Missouri

I have an apartment lease. My name is the only one on the lease as a signature, with my wife showing only as a written-in "occupant". What are my legal grounds if I want her to move out? Do I just need to give her a 30-day notice and that's it?


Asked on 9/27/09, 9:56 am

1 Answer from Attorneys

Anthony Smith LawSmith

Evicitng your wife is a dificult question.It seems opdd that one would consider such an option. If she was just your girlfriend , it might be different. She would just be a tenant, that you could evict like any other. But, the law is in transition. Some courts might still find that ons has a duty to provide sheter for their spouse.She could raie the issue of your marriage in an unlaful detainer action. It is unlcear how the court might rule, absent an allegation of abuse. If you and her are going through a divorce, that would change the situation, as it is customary to be in different residences, and one spouse does not always have to provide shelter for the other.

Good luck

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Answered on 9/28/09, 3:49 pm


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