How to Evict a Domestic Partner After a Break Up in 2024 (Follow These 4 Steps)

How you evict a domestic partner after a break up is by legally dissolving the partnership and formally asking them to leave, either verbally or with written notice.

The options and remedies available for evicting a partner from your home will depend on the tenancy laws of the state where you reside.

This guide reviews the two main areas of state law — domestic partnership law and landlord-tenant rights and obligations — so you know how to get an ex out of your house legally. Enter your ZIP code to discuss your options with a family lawyer today.

4 Steps to Evict a Domestic Partner

Can my partner evict me from his house? Breaking up with a domestic partner is never easy. Getting them to leave the residence or apartment you shared can be even more difficult. 

Can I evict my partner from my house? The steps below will help you start the eviction process, but state laws dictate to homeowners and lessors how to evict a significant other. Keep scrolling to learn how to evict a partner from your house.

Read More: What to Do if You’ve Received an Eviction Notice

Step #1 – Dissolve the Partnership

Domestic partnerships allow couples to enjoy many, if not all, protections and benefits of a traditional marriage. If you have a legally recognized partnership in your city, you can apply with the local court to terminate a domestic partnership or civil union. The remedies available are very similar to divorce proceedings.

Do I have to evict my boyfriend if I own the house? You can, but you may want to consult with an attorney before entering a domestic partnership to avoid the issues associated with evicting a domestic partner after splitting up. They can help you prepare a written and enforceable agreement protecting one’s right to sole possession of the residence if the relationship ends.

Step #2 – Formal Request to Leave

If you’re not in a legal domestic partnership or don’t live in a state that recognizes domestic partnerships, you may be limited to traditional landlord-tenant remedies.

The process begins with a simple demand to leave. If your domestic partner does not comply with the verbal request, follow up with a written demand to leave by a particular date.

Can a landlord evict one spouse and not the other? Each state has its own rules regarding landlords, tenants, and evicting a spouse not on the lease. In cases of domestic violence, you can file a temporary restraining order to have your partner immediately removed from the property.

Step #3 – File Eviction Petition

Can my boyfriend kick me out of his house without notice? Laws vary on reasonable notice, but a 30-day eviction notice for a spouse or domestic partner is normal, especially if there is no formal lease agreement.

A process server will give your ex the complaint, which lists why they need to be in court and the court date. Your partner will then have a very short timeline to respond to the summons and leave the property, usually between five and 10 days, depending on where you live.

If your partner still refuses to leave, you may need to ask the sheriff or local police to remove them from the property for trespassing.

Step #4 – Petition for Possession of Property

If you own or jointly own the property you and your partner shared, you can petition the court to award you exclusive possession of the residence. You can also request a court order for your domestic partner to sign the appropriate paperwork to transfer the residence into your name only.

For example, the court can award you the house and order your former partner to sign a warranty deed that terminates their future interest in the home.

The situation is a bit more complicated than property division in divorce if you own the home jointly with your domestic partner. You cannot evict a co-owner. You must file a suit to dissolve the joint tenancy. Even if you agree about who will live on the property, you may still want to bring a court action to legally and permanently sever the joint tenancy.

To establish that you should be awarded the residence, consult with a family law attorney and learn what factors the court will consider when it comes to dividing the property:

• When the home was purchased
• How much you contribute to the purchase of the residence
• The financial abilities of both parties to pay any outstanding notes on the home
• Special medical or physical conditions affected by the award of the home
• The need for a permanent residence for any children

For instance, if you owned the residence prior to the formation of the domestic partnership, you have a better chance of being awarded possession of the residence. If your home was purchased during the domestic partnership by both parties having an equal interest, the court will use the factors above to divide the property, thereby excluding the other partner.

State Laws for Evicting an Ex-Partner

Many states do not have domestic partnership laws, and for those that do, there may be different remedies outside of traditional tenancy situations. For instance, how to evict a domestic partner in Florida will differ from the eviction process in Texas without a lease.

If you’re wondering how to evict a girlfriend not on the lease, state laws vary there, too. Use this table to find the domestic eviction and tenancy laws in your state:

In most cases, if your ex isn’t on the lease, the law will consider them a month-to-month tenant, and you’ll be obligated to give them notice before filing for eviction. However, you may have more options if you live in one of the four states that recognize domestic partnerships.

Even if your state doesn’t legally acknowledge domestic partnerships, your city might. Your job as a state or city employee may also qualify you for domestic partnership benefits when evicting a partner. Speak with a local attorney to better understand your rights.

Case Studies: How to Evict a Partner From Your Home

No one has the same relationship or living situation, so figuring out how to evict a boyfriend from your house will look different for everyone. These case studies give you an idea of your rights if your partner wants you to move out. Find a lawyer to answer specific questions you have about evicting your partner.

Case Study 1: Dissolving a Domestic Partnership

Sarah and Emily were in a domestic partnership and owned a home together. After their relationship ended, Sarah wanted to evict Emily from the property. Sarah consulted with a family law attorney who advised her to file for a dissolution of the domestic partnership and petition the court to award her exclusive possession of the home. Emily was required to sign the necessary paperwork to transfer ownership solely to Sarah.

Case Study 2: Traditional Landlord-Tenant Remedy

Mike and Alex were not in a formal domestic partnership but had been living together in a rented apartment. When they decided to separate, Mike wanted Alex to leave the apartment. The eviction process followed traditional landlord-tenant laws as they were not in a legally recognized domestic partnership.

Mike initially verbally requested Alex vacate the premises, but when Alex refused, he followed up with a written demand to leave by a specific date. As Alex continued to occupy the apartment, Mike filed a petition with the local small claims court to formally evict him. With the court’s intervention, Alex was legally removed from the premises.

Case Study 3: Joint Ownership Complications

Eric and Lisa were domestic partners and jointly owned a house. When their relationship ended, Eric wanted to retain sole possession of the property. However, joint owners cannot be evicted, and a different legal approach was required. Eric filed a suit to dissolve the joint tenancy, seeking to sever the ownership ties between him and Lisa.

Learn More: Unmarried Couples and Wills

How to Evict a Domestic Partner After a Break Up

The way you evict a domestic partner after a break up is by asking them to move out with a written notice. If they don’t leave by the requested date, you can file an eviction lawsuit. Find out how to remove unwelcome house guests if your partner isn’t named on the lease.

You may have to petition the court to dissolve your relationship in cities and states that recognize domestic partnerships. Otherwise, landlord-tenant laws apply, and you have to give your ex up to 30 days to leave the property in some states.

Different laws apply if you are both on the lease or own the property together. Enter your ZIP code to consult with a domestic partner dissolution attorney near you to better understand how to evict a domestic partner.