USC removed me from rental agreement and changed locks

[shhiminclass 1]

I was gone for one night, informed her where I was staying, and the locks were changed the next morning. If you specifics of it, she told me she was going on a date with someone else that night. I couldn't handle being inside that apartment knowing that, and having no idea what time (if at all) she was coming home.

[shhiminclass 1]

8 minutes ago, Cryssiekins said:

I didn’t mean for my last post to sound

accusatory in any way.  Sounds like you have some solid evidence of good faith, so that’s a positive for you!!   

 

I would definitely consult with a divorce attorney as soon as you can, to ensure you are protected. 

 

I’m sorry you’re going through this after making a suggestion for counseling. 

No worries. I know this sounds odd, and I can't explain her behaviour. I have had to come to terms with that, but explaining it to USCIS could have complications. This is why I was thinking that I might need to move back in with her for a few months to show that I lived with her longer.

[shhiminclass 1]

9 minutes ago, EandH0904 said:

Have you checked with the rental company? She would need their permission to change the locks (it is their property after all) and have a good reason why you are off the lease. I would phone first thing Monday and talk to a manager about how this was allowed to legally happen.  If she is claiming abuse I am assuming she has no evidence to prove these claims. 

 

Maybe they will help you get your personal belongings if not get the police to assist you and let the rental company know you will be seeking legal action for illegal eviction. If you did nothing wrong they can not ask you to leave the next day and should not participate on your wife's behalf either

I will do this on Monday, thank you. I did leave some stuff behind (clothes, books, etc)

[geowrian 22,337]

It's not that you have no remedy under the I-864, but it's extremely limited. There is a provision that the sponsor will provide support up to the FPL. If you work already, you probably already meet/exceed this income level.

Otherwise, trying to enforce it is quite difficult but has been done.

[Going through 5,671]

20 minutes ago, EandH0904 said:

She would need their permission to change the locks (it is their property after all) and have a good reason why you are off the lease. I would phone first thing Monday and talk to a manager about how this was allowed to legally happen.

Not necessarily.  One example is if the apartment was hers to begin with, and she added him to the lease later on as a secondary---she may have had every right to remove him from it without needing his consent or providing the landlord with a reason.  As I said earlier, though, her removing him from the lease doesn't mean it's not his marital home however.

 

20 minutes ago, EandH0904 said:

let the rental company know you will be seeking legal action for illegal eviction. If you did nothing wrong they can not ask you to leave the next day and should not participate on your wife's behalf either

The OP stated he willingly chose to pack his bags and left---the rental company didn't evict him.  

Edited April 14, 2019 by Going through

[Crazy Cat 41,904]

3 minutes ago, Going through said:

The OP stated he willingly chose to pack his bags and left---the rental company didn't evict him.  

The wife evicted him by changing the locks......probably unlawfully......he packed enough to go to a hotel temporarily.  He didn't remove all his belongings.  

Edited April 14, 2019 by missileman

[Going through 5,671]

3 minutes ago, missileman said:

The wife evicted him by changing the locks......probably unlawfully......he packed enough to go to a hotel temporarily.  He didn't remove all his belongings.  

Oh I realized that part---I was responded to the prior post about  "letting the rental company know that the OP would be suing the rental company for illegal eviction" portion.  The rental company isn't at fault if he left willingly, and she decided to change the locks on her own, was my point.

Edited April 14, 2019 by Going through

[Crazy Cat 41,904]

Just now, Going through said:

Oh I realized that part---I was responded to the prior post about  "letting the rental company know that the OP would be suing the rental company for illegal eviction" portion.  The rental company didn't kick him out if he left willingly, and she decided to change the locks on her own, was my point.

Got it...Thanks.......😊

[Going through 5,671]

And if the rental company DID physically change the locks---who knows what the wife told them as to the reason why she needed the locks changed?  I've had the locks on my apartment changed because my bag with my ID (showing my address) and keys were lost.  For all my landlord knew,  I could have been lying and thrown my roommate out lol.

[Crazy Cat 41,904]

Just now, Going through said:

And if the rental company DID physically change the locks---who knows what the wife told them as to the reason why she needed the locks changed?  I've had the locks on my apartment changed because my bag with my ID (showing my address) and keys were lost.  For all my landlord knew,  I could have been lying and thrown my roommate out lol.

Exactly!!!!!  

[Cheschirecat 176]

9 hours ago, shhiminclass said:

Yeah, I took all those documents before I left and they are in my possession, which the exception of copies of the joint bank accounts and utilities, but I do have access to them online.

What about spousal abuse? 

[neoblast 138]

11 hours ago, shhiminclass said:

I was gone for one night, informed her where I was staying, and the locks were changed the next morning. If you specifics of it, she told me she was going on a date with someone else that night. I couldn't handle being inside that apartment knowing that, and having no idea what time (if at all) she was coming home.

As a matter of law, you cannot force the landlord to take your name off the lease until the lease ends. A lease is a binding contract, and if you breach that contract, you're responsible, even if you have a good reason. Landlords hate making changes to contracts. You could negotiate your own removal from the lease, but you can't remove someone else who co-signed for the lease as that person becomes part of the contract. 

 

Since you are thinking about divorcing, I would contact the landlord and make sure you are no longer on the hook for the lease agreement. 

 

https://www.landlordology.com/remove-roommate-from-lease/

 

This article pertains to a roommate; it's considerably more difficult for a wife or husband.