Posted by Edwin on August 30, 2009 at 01:13:22:
That’s a tricky one. I’d say only your husband can be a plaintiff since he was the only one on the lease. However, since you’re married, it might be viewed that what’s his is also yours, and that you may have the right to evict.
I’d say list both of your names as plaintiffs. If you have to go to court, maybe no one will notice that you never signed the lease. Cross your fingers and hope nobody objects. If so, you’re home free.
EVICTION QUESTION - Posted by Kim
Posted by Kim on August 17, 2009 at 09:15:38:
Both my husband and I own a rental property. He only entered into the lease and signed it. We now have to file for eviction. My question is - Because I didnt sign the Lease, should I still put my name on the eviction papers because I am also an owner? Or because I didnt sign the Lease then I cannot? (I have been to court several times for eviction but he has never been nor does he want to) So it would be best if I could be a plaintiff. Thanks
Questions & Suggestions - Posted by John Merchant
Posted by John Merchant on September 01, 2009 at 11:50:50:
Is your property in a community property state?
If so, and if the property was acquired after marriage it’s CP unless it was purchased in some other title.
If CP then you both or either have the right to manage it and rent it and then to do whatever evictions might be required.
A defense by the Tenant now, based on both your not having signed the eviction docs would properly be dismissed by the court as not being relevant to that T’s defaulted obligations to the CP owner.
If it’s NOT a CP state then both you and your H sign the eviction court papers and then you go to court w/o your H and take care of it, testifying as you need to, etc.
Your H wouldn’t be required to be there unless he were to be subpoened by the T so no problem w his not being present.