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  1. #1
    Join Date
    Jan 2017
    Posts
    1

    Default Renewing a Home Lease While Separated

    My question involves marriage law for the State of: SC

    My husband and I are divorcing. We are under a month to month lease, in both our names. My landlord has given us a 30 day termination notice and given me a new annual lease with my name only, effective immediately after.

    Is this enough to stop his basis for living here?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Home Lease While Separated

    Not if he has been living there. What is considered the marital home transcends leaseholds or even ownership. A court can allow either party to live in the marital home. You need to seek sole possession of the marital home in your filing.

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