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How would you get rid of a live-in boyfriend?
Does anyone know how you evict a common law spouse?
My sister has asked him to leave the house she just purchased (no equity in it, she knows she'll have to split any assets, but all they really have are debts). The house is in her name, the mortgage in her name, he doesn't pay for anything.
Does she have to give him notice the way she would a tenant? Can she just give him a couple weeks to find alternate housing and change the locks? (He could live with his family, they have an apartment on their property that's vacant, but then he'll have to admit he's been unemployeed for a long time now)
8 Answers
- retropinkLv 51 decade agoFavorite Answer
She should talk to a lawyer. Common Law is different from live-in boyfriend.
- 1 decade ago
Because the house is in her name, she does not have to give him or owe him anything. Unless of course she wishes to be amicable - if this is the case, she can mail to the address a certified & notarized copy of a letter of intent - that means she is requesting in writing that he be out of the house within a specified amount of time and all the details such as what he must take with him. Be prepared however, he can go and see an attorney and get this turned around if he can show that he has contributed anything financially towards the household expenses at anytime of living there. Thing of it this - if she gives him 2wks - without a job he cannot retain an attorney in enough time and does not technically have any claim to 1/2 of anything because it is all in her name. On the day she specifies, if he is not out per the terms stated within the letter, she can put all of his possessions to the curb and change the locks if she so desires. I would reccomend putting all of his possesions into a storage unit and informing him of this in the letter - make sure the unit is in his name with him being liable for the cost of it. Once she has the locks changed - depending on if she is worried about him getting violent, she can make the police aware of her written notification and get an order of protection should he try to break int the house or harrass her. It MUST be a very clear an consice letter with ALL details (bases covered so to speak) & you can see a paralegal for this without much cost at all!
- Suthern RLv 51 decade ago
She should tell him he has two days (since he is unemployed, he has time to do it) to pack his stuff and get out. After that, she just needs to pack his stuff and put it outside for him to come get and change the locks. Since his name is not on the mortgage and he does not pay for anything (I am guessing that all the phone, gas, electric, etc...) are in her name, he will have a hard time laying claim to anything. If he will not leave after that, she needs to call the law and tell them that this guy will not leave. Pure and simple. The whole common law thing is easy to dispute when his name is not on anything and he pays for nothing. She probably will not have to give him squat and she needs to stop referring to him as a spouse at all. Boyfriend and that is it, not common law spouse or anything that could be used against her later...
- Sue FLv 71 decade ago
She needs to call a lawyers office and get advice as soon as possible. All of this is really going to depend on the laws that are in place in their area. There are variations from state to state and even within towns and cities in that state.
I wish her a lot of luck with this, and it is too bad that she purchased the property prior to dumping the loser.
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- Anonymous1 decade ago
Give him eviction notice. I dont know about where you live but here you can have them out in 3 days.
- gozedownLv 41 decade ago
If everything is in HER name then all she has to do is throw his crap out on the driveway and change the locks. He has absolutely no right to anything.
- LotusLv 61 decade ago
Tell him you want to get married and start making babies. NOW. He'll leave on his own.
- mona75243Lv 41 decade ago
SHE WOULD HAVE TO TAKE HIS *** TO COURT.... I KNOW SHOULD WOULD IF THE PROBLEM IS IN TEXAS