eviction of son's spouse - Landlord Forum thread 352380

eviction of son's spouse by penny (nc) on May 24, 2017 @14:47

I own the home my son lives in. He has separation papers that have been signed and notarized but his spouse will not leave my home. What rights do I have to evict only her?
We do not have a lease agreement and have never asked them to pay rent.

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Re: eviction of son's spouse by Anonymous on May 24, 2017 @14:56	[ Reply ]

Stay out of it. It's between them.

Re: eviction of son's spouse by Garry on May 24, 2017 @16:40	[ Reply ]

The anon is right. You need to stay out of you son's and your DAUGHTER-IN- LAW'S problems. About your last sentence. You are what Dr. Phil would call, an ENABLER. You are trying to protect your son no matter what. No lease? Free rent? And now you want to kick out his wife, who you probably "loved" just a year ago. My bet is, you are only getting half the story-----your son's half ---(and you believe it) If you want to truly help your son, you need to give them BOTH a 30 day notice to move, and file for eviction on both of them if they don't.If your son is responsible enough to get married, and then divorced, he should be responsible enough to be out on his own, have/keep a job, and pay rent.

Re: eviction of son's spouse by EM (TX) on May 24, 2017 @18:01	[ Reply ]

Consider getting a lawyer involved if you have a few hundred dollars to throw at this problem. You will probably have to evict "all" tenants from the house--everyone is a joint tenant. Of course, you can then let your son "move back in" immediately (he probably won't even have to move his furniture). Talk to a lawyer in your state but I don't think you can evict only the wife. Does your son have a divorce attorney? Talk to him/her first, they may be able to give you free advice. Also this probably has the potential to be messy, I'm not sure what would happen with all the possessions in the house, for example, some of which are probably his, some are hers, some are both.

Re: eviction of son's spouse by Anonymous on May 24, 2017 @18:18	[ Reply ]

First, what does the separation papers say about residences for each? This would not be an eviction, but you would file for ejectment which is a little more expensive and harder to do. Lawyers and court dates will take time. "If the parties don’t have a landlord-tenant relationship, then an owner who wants to remove an occupant must file an action in ejectment. Ejectment is the proper way to remove a person other than a tenant who is in possession of real property -- for example, a temporary occupant who has never paid rent but now refuses to leave."