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123MainSt

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Posts: 2
Reply with quote  #1 
My ex-wife and I both own an apartment that we have rented out to the same tenant for about 10 years.  The tenant is my ex-wife's niece, and though there have never been any issues with the tenant paying rent or anything else, I am unfortunately forced to serve her with an N12 form because due to the cost of the divorce, I really do need the apartment myself.  The tenant was sucessfully served with the N12 about a week ago.

My ex-wife is against this eviction, and to fight it, she has now changed her permanent address to that of the apartment I am attempting to evict her niece from and move into.  So my ex-wife now appear on paper as being both co-owner of the apartment and also a resident of it. 

I am trying to figure out how much of a problem this is going to cause for me in trying to proceed with the eviction, and also if my ex-wife can even do make the apartment her permanent address the way she has.  I have called Landlord/Tenant Board, but they are not very timely in their responses.  I'm getting rather desperate as I truly need that apartment.
LLinVA

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Posts: 334
Reply with quote  #2 
So, you want to kick out the tenant so you can live there, and it sounds like your ex-wife is doing effectively the same thing (maybe she would let the current tenant stay)? Is this correct? 

If it came down to that, I would think you would have a hard time moving forward. However, since you started your process before she did, that may trump anything she does subsequent. 

You really need to talk to an attorney. This has the potential to get about as messy as this type of stuff gets, and fast (probably has already). 

If you both own it, would she have to buy you out if she moved in? Would they have to pay you rent? Wouldn't you have to buy out your wife if you moved forward as you want to? Why can't you move in somewhere else comparable? 
123MainSt

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Posts: 2
Reply with quote  #3 
Great, another attorney...they're the reason I have to move into this apartment in question.  And I don't believe my ex-wife is physically living at the apartment, I suspect she has only made it her address on paper. 
LLinVA

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Posts: 334
Reply with quote  #4 
I know, but if she is living there legally (on paper), then she's living there legally.

Yes, but if you want the best chance of navigating this properly, I would definitely say an attorney is worth it.

If you both own it, would she have to buy you out if she moved in? Would they have to pay you rent? Wouldn't you have to buy out your wife if you moved forward as you want to? Why can't you move in somewhere else comparable? 
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